PART I CHARTER*
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*Editor's note--Printed herein is the charter of the City of Albert Lea, as
adopted by the electorate, and effective on October 15, 1994. Amendments to the
original charter are indicated by parenthetical history notes following amended
provisions. The absence of a history note indicates that the provision remains
unchanged from the original charter. Obvious misspellings have been corrected
without notation. For stylistic purposes, a uniform system of headings,
catchlines and citations to state statutes has been used. Additions made for
clarity are indicated by brackets. State law reference(s)--Charters and charter
cities, M.S.A. ch. 410.
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CHAPTER 1. GENERAL PROVISIONS
Section 1.01. Name and boundaries.
The City of Albert Lea, is and will continue to be a municipal corporation with
the boundaries existing on the effective date of this charter or as later
modified in accordance with law.
Section 1.02. Powers.
The city of Albert Lea has all powers that is [are] now or hereafter possible
for a municipal corporation in the State of Minnesota to exercise in harmony
with the Constitutions of the State of Minnesota and of the United States. It is
the intention of this charter that every power that the people of the city might
lawfully confer upon themselves as a municipal corporation by specific
enumeration in this charter is deemed to have been so conferred by this section.
This charter is to be construed liberally in favor of the city. The specific
mention of particular powers in this charter is not to be construed as limiting
the generality of the powers conferred by this section.
Section 1.03. Other Laws.
The city may not exercise a power conferred by general law on statutory cities
unless that power is specifically granted by this charter.
CHAPTER 2. FORM OF GOVERNMENT
Section 2.01. Council-manager plan.
The form of government established by this charter is the council-manager plan.
The council exercises the legislative powers of the city and determines matters
of policy. The city manager is responsible to the council for the proper
administration of city affairs.
Section 2.02. Boards and
commissions.
There are no separate administrative boards or commissions except boards or
commissions required by law or this charter or those established for the
administration of a function jointly with another political subdivision. The
council performs the duties and exercises the powers of administrative boards
and commissions. The council may establish boards or commissions to advise the
council, to investigate subjects of interest to the city or to perform
quasi-judicial functions.
Section 2.03. Council members:
qualification and terms.
Subdivision 1. The council is
composed of a mayor and six council members who must be eligible voters of the
city and must further qualify for office as provided in this charter.
Subdivision 2. The mayor and council
members must be residents of the city. The ward council members must satisfy the
residence requirements of section 2.04.
Subdivision 3. The mayor is elected
at large by the eligible voters. A ward council member is elected by the
eligible voters of the ward in which the council member resides.
Subdivision 4. The mayor is elected
for a term of two years. A council member is elected for a term of four years.
The mayor and council members serve until their respective successors are
elected and qualified for office. The term of elected office begins on January 1
and ends on December 31.
Subdivision 5. The terms of office of
the mayor and council members in office on the effective date of this charter
continue in accordance with the transitional schedule adopted pursuant to
sections 7 and 107 of the city charter as it existed prior to the effective date
of this charter.
Section 2.04. Ward council members.
A ward council member must be a resident of the ward (i) at the time that
filings for election close, or (ii) at the time of appointment to fill a
vacancy. Except as provided in section 2.05, continued residence in the ward in
which the council member resides at the time of election or appointment is a
required qualification to hold office during the council member's term.
Section 2.05. Wards.
The city is divided into six separately numbered wards. Review of the ward
boundaries must be made by the council and the wards reapportioned by ordinance
no later than two years after the year in which a federal census is taken so
that the populations of the wards are as equal as practicable. A ward must be
composed of compact and contiguous territory. A change in ward boundaries does
not disqualify a ward council member from serving the remainder of a term. If
the council does not reapportion the wards within the period prescribed the
mayor and council members may not be paid salary or other benefits until the
wards of the city are reapportioned. The wards of the city are those described
by ordinance on the effective date of this charter.
Section 2.06. Incompatible city
offices.
An elected officer of the city may not (i) be appointed city manager; (ii) hold
another city office or be employed by the city in any capacity for pay; or (iii)
hold a city office or be employed by the city for a period of one year after
expiration of the officer's term of office.
Section 2.07. Vacancies.
Subdivision 1. A vacancy in an
elective office exists for the following reasons:
(a) failure of a person elected to an office to qualify on or
before the date of the second regular meeting of the
council in the year subsequent
to the election;
(b) death of the officer;
(c) resignation of the officer;
(d) except as provided in section 2.05, the officer ceasing to
be a resident of the city or of the ward from
which elected;
(e) continuous absence of the officer from the city for more
than 90 days;
(f) conviction of the officer of a felony either
before or after qualification for office;
(g) failure of the officer without good cause to perform the duties of
office for a period of three consecutive
months;
(h) removal of the officer from office; or
(i) another reason specified by law.
When a vacancy occurs for a reason specified in clauses (d) through (i), the
council must promptly, by a resolution stating its findings, declare the vacancy
to exist. If a vacancy occurs and exists in an elective office after the last
day for filing affidavits of candidacy for that office, the person elected to
fill that office is deemed to have been appointed for the unexpired term.
Subdivision 2. A vacancy in the
office of mayor must be filled promptly by council appointment for the remainder
of the unexpired term.
Subdivision 3. If a vacancy occurs
and exists in the office of council member less than one year from the date of
the next regular municipal election, the council must promptly fill the vacancy
by appointment and the person appointed serves until the December 31 following
the next regular municipal election. At the next regular municipal election
following the occurrence of the vacancy, the vacancy is filled by election for
the unexpired portion of the term, if any.
Section 2.08. Mayor.
The mayor is the presiding officer of the council. The council must choose from
its members a mayor pro tem. The mayor pro tem holds office at the pleasure of
the council and serves as mayor in the mayor's disability or absence from the
city or when a vacancy in the office of mayor exists. The mayor:
(i) exercises the powers and performs the duties conferred on
the mayor by this charter, the ordinances of the
city, and law;
(ii) is the official head of the city for ceremonial purposes,
for purposes of the service of civil process, and for
the purposes of martial law; and
(iii) must report to the council neglect, dereliction of duty, or
waste on the part of an officer or department of
the city. In time of public danger or
emergency the mayor may, as provided by council resolution and law,
take command of the police, maintain
order and enforce the law.
Section 2.09. Council salaries.
The salaries of the mayor and council members are fixed by ordinance in the
manner provided by law.
Section 2.10. Investigation of city
officers.
The council or a person authorized by the council may make investigations into
the city's affairs, subpoena witnesses, administer oaths and compel the
production of books and papers. The council may provide for an examination or
audit of the accounts of an officer or department of city government.
Section 2.11. Interferences with
administration.
Neither the council nor the mayor nor a council member may dictate the
appointment by the city manager of a person to an office or employment. The
council may not interfere with the city manager or prevent the city manager from
exercising judgment in the appointment of officers and employees in the
administrative service. Except for purposes of inquiry the council and its
members must deal with and control the administrative service solely through the
city manager. Neither the mayor, the council nor a council member may give
orders, publicly or privately, to a subordinate of the city manager.
CHAPTER 3. COUNCIL PROCEDURE
Section 3.01. Meetings.
At the first regularly scheduled council meeting in January following a
regular city election, the newly elected mayor and council members
assume their duties. The council meets at least once each month at the
time and place prescribed by ordinance or resolution. The mayor or three
council members may call a special meeting of the council upon
reasonable notice to council members and other notice as required by
law.
The meetings of the council are public meetings. Any person may inspect
the minutes and records of the council meetings at reasonable times and in accordance with law.
Section 3.02. Council officers.
The council may appoint the officers and employees it finds necessary to
serve at its meetings. The council must appoint a secretary to the
council. The secretary must keep a journal of council proceedings and
perform the duties required by this charter, ordinance or resolution.
The council may designate any officer or employee of the city except the
city manager or a council member as secretary.
Section 3.03. Rules of procedure: quorum.
The council determines its rules and order of business. A majority of
members qualified and acting constitutes a quorum, but a smaller number
may adjourn from time to time. The council may provide by ordinance or
resolution a means by which a minority of its members may compel the
attendance of absent members.
Section 3.04. Ordinances, resolutions, motions.
Legislation must be enacted by ordinance. The affirmative and negative
votes on ordinances, resolutions and motions must be recorded. Except as
otherwise provided in this charter or by law, an affirmative vote of a
majority of the qualified and acting members of the council is required
for the passage of ordinances, resolutions and motions.
Section 3.05. Procedure; ordinances.
An ordinance must be presented in writing. The enacting clause of an
ordinance is: "The City of Albert Lea ordains:". An ordinance may not be
adopted at the council meeting at which it is introduced. Three days
must elapse between the introduction of an ordinance and its adoption.
An emergency ordinance may be introduced and adopted at the same
meeting.
Section 3.06. Emergency ordinances.
An emergency ordinance is an ordinance necessary for the immediate
preservation of the public peace, health, welfare or safety in which the
emergency is defined and declared in a preamble to the ordinance and
approved by at least five members of the council. A prosecution may not
be based upon the provisions of an emergency ordinance until (i) 24
hours after the ordinance has been filed with the council secretary and
posted in three conspicuous places in the city, or (ii) the ordinance
has been published, unless the person charged with the violation of the
ordinance had actual notice of the passage of the ordinance prior to the
act or omission contributing to the alleged violation.
Section 3.07. Procedure on resolutions.
A resolution must be presented in writing. The resolution must be read
in full before a vote is taken on the resolution unless the reading of
the resolution is dispensed with by unanimous consent.
Section 3.08. Signing and publication of ordinances and resolutions.
Ordinances and resolutions must be signed by the mayor or two council
members, attested by the clerk and filed and preserved by the clerk. An
ordinance must be published once in the official newspaper. A summary of
an ordinance may be published in the manner provided by law. Resolutions
must be signed by the mayor or two council members, attested by the
clerk and filed and preserved by the clerk. Resolutions need not be
published.
Section 3.09. When ordinances and resolutions take effect.
Resolutions and emergency ordinances are effective immediately upon
adoption. Other ordinances are effective 30 days after adoption or at a
later date stated in the ordinance. An ordinance adopted by the voters
under chapter 5 is effective upon its adoption or at a later date
specified in the ordinance.
Section 3.10. Amendment and repeal of ordinances and resolutions.
An ordinance or resolution repealing (i) a prior ordinance or
resolution, or (ii) a section, subdivision or separately identified
clause thereof must state the number or, if no number has been assigned,
the title of the ordinance or resolution to be repealed in whole or in
part. An ordinance or resolution, or a section, subdivision or clause
thereof, may not be amended by reference to the title only. The amending
ordinance or resolution must set forth in full each section, subdivision
or clause to be amended and indicate new matter by underscoring matter
to be omitted by striking out or by other appropriate symbols.
Section 3.11. Revision and codification of ordinances.
The council may, pursuant to this section and law, revise, rearrange and
codify the ordinances of the city with the additions and deletions found
necessary by the council. The ordinance code may be prepared in book,
pamphlet or continuously revised loose-leaf form. Copies of the code
must be kept available at the office of the city clerk for general
distribution to the public free or at a reasonable charge. Preparation
of the code is sufficient publication of an ordinance provision not
previously published if a notice is published in the official newspaper
stating that copies of the code are available at the office of the city
clerk.
CHAPTER 4. ELECTIONS
Section 4.01. General election laws to apply.
Except as otherwise provided in this chapter the general laws of the
State of Minnesota pertaining to registration of voters and the conduct
of primary, special and general elections apply to city elections. The
council may by ordinance or resolution adopt suitable and necessary
supplementary procedures for the conduct of elections.
Section 4.02. Regular city elections.
The regular city election is held on the first Tuesday after the first
Monday in November in each even numbered year. The election is held at
the place or places designated by resolution of the city council. Notice
of the election is given in the manner provided by law. Failure to give
notice of the election does not invalidate the election.
Section 4.03. Special elections.
The council may by resolution order a special election as provided by
law and establish the procedures for holding the election. The
procedures at a special election must conform to that prescribed by this
charter and law.
Section 4.04. Primary election.
The council must by resolution provide for a primary election as
provided by law and establish the procedures for holding the election.
The procedures at a primary election must conform to that provided by
law.
Section 4.05. Filing for office.
An eligible voter of the city may file for election in the manner
prescribed by law.
CHAPTER 5. INITIATIVE AND REFERENDUM
Section 5.01. Powers reserved by the people.
The people of the city reserve to themselves the powers in accordance
with the provisions of this charter and law, (i) to initiate and adopt
ordinances except ordinances relating to the budget, a capital program,
appropriating money, the salaries of city officers and employees,
authorizing the levy of taxes and zoning of land and (ii) to require
ordinances except ordinances relating to the budget, capital programs,
the salaries of city officers and employees, appropriating money,
authorizing the levy of taxes and the zoning of land to be referred to
the voters of the city for approval. These powers are the initiative and
the referendum respectively.
Section 5.02. Expenditure by petitioners.
A member of an initiative or referendum committee, a circulator of a
signature paper described in this chapter, a signer of such papers, or
any other person may not accept or offer a reward of any kind in
connection with service rendered in connection with the circulation of a
petition. A committee may incur reasonable and necessary expenses for
legal advice, stationery, copying, printing and notary fees. Violation
of this section is a misdemeanor.
Section 5.03. Initiative committee.
The initiative is governed by sections 5.03 through 5.08. Five eligible
voters may form a committee for the initiation of an ordinance. Before
circulating a petition the committee must file a certified copy of the
initiated ordinance with the city clerk with a list of the names and
addresses of the members of the committee. A certified copy of the
initiated ordinance must be attached to each of the signature pages
described in section 5.04 together with the names and addresses of the
members of the committee.
Section 5.04. Form of signature papers.
The initiative petition consists of the initiated ordinance and attached
signature pages. The petition is not complete unless signed by a number
of eligible voters equal to at least ten percent of the total number of
votes cast at the last preceding regular municipal election. The
signatures need not be on one signature page, but to each separate page
there must be attached an affidavit of the circulator of the paper
stating (i) the number of signers of the paper, (ii) that each signature
on the paper was made in the presence of the circulator, and (iii) that
the signature on the paper is the signature of the person whose name it
purports to be. The form of the initiative petition is fixed as follows:
INITIATIVE PETITION
Proposing an ordinance to (stating the purpose of the ordinance), a copy
of which ordinance is hereto attached. This ordinance is sponsored by
the following committee of eligible voters:
Name Address
1. __________ __________
2. __________ __________
3. __________ __________
4. __________ __________
5. __________ __________
The undersigned eligible voters, understanding the terms and nature of
the ordinance attached, petition the council for its adoption or, in
lieu thereof, for its submission to the voters for their approval.
Name Address
1. __________ __________
2. __________ __________
3. __________ __________
4. __________ __________
5. __________ __________
(etc.)
Signed __________
Subscribed and sworn to before me this ________ day of _________,
________ (Year).
(Seal)
Notary Public
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Section 5.05. Filing of petitions; duties of clerk.
The signature pages and the petition are filed as one instrument in the
office of the city clerk. No later than five business days after the
filing of the petition the clerk must determine if the petition complies
with this chapter. If the clerk finds that the petition does not comply
with this chapter, the clerk must promptly notify in writing one or more
of the initiative committee of that fact in a notice stating the reasons
for the determination of noncompliance. During the 30-day period
following the clerk's notice the committee may file additional signature
papers or otherwise amend the petition to comply with this chapter. If
the clerk determines that the amended petition does not comply with this
chapter, the clerk must file the petition in the clerk's office and
notify each member of the initiative committee of that fact. After the
final determination of noncompliance by the clerk a new petition
proposing the same or a similar ordinance may be submitted in accordance
with this chapter or the council may submit the ordinance to the voters
as originally proposed at a regular or special election.
Section 5.06. Council action on petitions.
If the petition is in compliance with this chapter the clerk must
certify that fact together with the petition to the council at its next
regular meeting or at a special meeting called to consider the petition.
The council must act on the ordinance as prescribed in this section no
later than 65 days after certification of the petition by the clerk. If
the council does not enact the ordinance the ordinance must be submitted
to the voters at the next regular city election. If the number of
signers of the petition is equal to at least 15% of the number of votes
cast at the regular city election immediately prior to the date of
filing of the petition, the council must submit the ordinance to the
voters at a special election. The special election must be held (i) not
less than 30 days before nor more than 45 days after the date of final
action on the ordinance by the council, or (ii) no later than 65 days
from the date of certification of the petition to the council when there
has been no final action on the ordinance by the council. If a regular
city election is to occur within three months the council may submit the
ordinance to the voters at that regular election. If the council enacts
the proposed ordinance with amendments and at least four members of the
committee of petitioners do not express their dissatisfaction with the
amended ordinance by a statement to that effect filed with the city
clerk no later than ten days after enactment of the ordinance, the
ordinance need not be submitted to the voters.
Section 5.07. Ballots.
The ballot at an election on an initiated ordinance must (i) state the
substance of the ordinance in such a manner as to distinguish the
question from all other questions on the ballot, and (ii) contain
appropriate instructions to the voters to indicate "yes" or "no" on the
question of the adoption of the ordinance. If approved by a majority of
the voters voting on the question the ordinance is effective as provided
in section 3.09. Any number of initiated ordinances may be voted on at
the same election, but the voters must be permitted to vote for or
against each ordinance separately.
Section 5.08. Initiation of charter amendments.
An amendment to this charter may not be contained in an initiated
ordinance.
Section 5.08[A]. Amendment and repeal.
During the one-year period following its effective date an ordinance
adopted by a vote of the people under the initiative may be repealed or
amended only by a vote of the people.
Section 5.09. The referendum.
The referendum is governed by section 5.09 through 5.11. If prior to the
effective date of an ordinance a petition signed by a number of eligible
voters equal to at least ten percent of the number of registered voters
at the last preceding regular municipal election is filed with the city
clerk requesting that the ordinance be repealed or submitted to the
voters the ordinance is not effective. The council must at its next
regular meeting or at a special meeting called for the purpose either
repeal the ordinance or reaffirm the ordinance as enacted. If the
ordinance is reaffirmed by the council, the council may order a special
election on the ordinance or submit the ordinance to the voters at the
next regular municipal election. If a majority of those voting on the
question of the adoption of the ordinance vote against the ordinance the
ordinance is not effective. If a majority of those voting on the
question of adoption of the ordinance vote in favor of the ordinance the
ordinance is effective as provided in Section 3.09.
Section 5.10. Referendum petition.
The requirements of sections 5.03 and 5.04 for the formation of
committees for the initiative and the form of petitions and signature
papers apply with necessary modifications to the referendum. The form of
a referendum ballot must conform to the requirements of section 5.07.
The form of a referendum petition is as follows:
REFERENDUM PETITION
Proposing the repeal of ordinance no. ________ to (stating the purpose
of the ordinance), a copy of which ordinance is attached. This proposed
repeal is sponsored by the following committee of eligible voters:
Name Address
1. __________ __________
2. __________ __________
3. __________ __________
4. __________ __________
5. __________ __________
The undersigned petitioners, understanding the nature of the ordinance
attached, and believing it to be detrimental to the welfare of the city,
petition the council for its submission to the voters for their approval
or disapproval.
Name Address
1. __________ __________
2. __________ __________
3. __________ __________
4. __________ __________
5. __________ __________
(etc.)
Section 5.11. Emergency ordinances.
Emergency ordinances are not subject to the referendum.
CHAPTER 6. ADMINISTRATION OF CITY
Section 6.01. City manager.
Subdivision 1. The city manager is the chief administrative officer of
the city. The manager is appointed by the city council solely on the
basis of training, experience, and executive and administrative
qualifications. With the approval of the council, the manager may
designate some properly qualified person to perform the duties of the
manager during the absence or disability of the manager or while the
office is vacant.
Subdivision 2. The city manager is appointed for an indefinite term and
may be removed at any time by an affirmative vote of a majority of the
council. After having served for one year, the manager may demand
written charges and a public hearing on the charges before the council
prior to the date when the final removal takes effect. After the
hearing, if one is demanded, the council may either reinstate the
manager or make the removal final. Pending the hearing and removal, the
council may suspend the manager from office and appoint an acting
manager.
Section 6.02. Manager, powers and duties.
Subdivision 1. The manager is responsible to the council for the
administration of the city's affairs. The manager has the powers and
duties specified in this section.
Subdivision 2. The manager must insure that this charter, the laws,
ordinances and resolutions of the city council are enforced.
Subdivision 3. The manager appoints officers and employees of the city
on the basis of merit and fitness. The manager's appointment of a
department head is subject to city council approval and that approval
must be given no later than 30 days after the date of appointment. If
the council does not approve the appointment within the 30-day period,
the appointment is not approved. The manager may remove or suspend
appointed officers and employees of the city.
Subdivision 4. Except as otherwise provided by this charter or law, the
manager directs departments and divisions of the city administration.
Subdivision 5. The manager must attend meetings of the council. The
manager may take part in discussion at council meetings but may not
vote. The council may exclude the manager from a meeting at which the
manager's removal is considered.
Subdivision 6. The manager may recommend to the council for adoption
measures deemed necessary for the welfare of the people and the
efficient administration of the city's affairs.
Subdivision 7. The manager must keep the council fully advised on the
financial condition and needs of the city and prepare and submit the
annual budget to the council.
Subdivision 8. The manager performs the other duties prescribed by law,
this charter or by the council.
Section 6.03. Departments.
The council may create departments, divisions and other units of the
city administration consistent with this charter and law.
Section 6.04. Officers.
The other officers of the city are the city clerk and the other officers
subordinate to the city manager created by the council by ordinance or
resolution. The clerk is responsible for the keeping of city records,
and, under the direction of the manager, the general administration of
the city's affairs. The council may by ordinance abolish offices that
have been created by ordinance and combine the duties of various
offices.
Section 6.05. Purchases and contracts.
The manager is the chief purchasing agent of the city. Purchases and
contracts may be made by the manager when the amount of the purchase or
contract does not exceed the amount for which competitive bids are
required by law unless a lower limit is set by the council by
resolution. Other purchases and contracts are made by the council on
recommendation of the manager. Except for contracts that the manager is
authorized to make by this section, contracts, bonds and instruments to
which the city is a party must be signed by the mayor and the manager on
behalf of the city.
Section 6.06. Contracts; bids.
City contracts must be made in compliance with law. When competitive
bids are submitted the contract must be awarded to the lowest
responsible bidder. The council may by ordinance adopt additional
regulations for making city contracts.
CHAPTER 7. TAXATION AND FINANCE
Section 7.01. Control of finances.
The council is responsible for the financial affairs of the city. The
council must provide for the collection and protection of revenues and
other assets and the auditing and settlement of accounts.
Section 7.02. Fiscal year.
The fiscal year of the city is the calendar year.
Section 7.03. System of taxation.
Subject to the state constitution, and except as forbidden by it or law
the council may provide by ordinance for a system of local taxation. In
the taxation of real and personal property the council must conform as
nearly as possible to law in the assessment of property and the
collection of taxes.
Section 7.04. Preparation of budget.
The manager must prepare an annual budget and submit it to the council.
The budget must include all the funds of the city except funds
consisting of the proceeds of city bonds, utility funds and special
assessment funds, but the budget may include those funds at the
discretion of the council. The estimated revenues and expenditures for
each fund must be shown for each department of the city. The city
manager must submit with the budget explanatory statements deemed
necessary. The budget must show comparative figures for the current
fiscal year, actual and estimated, and for the preceding fiscal year.
Section 7.05. Adoption of budget.
Subdivision 1. The budget is the principal item of business at the first
regular meeting of the council in September and at subsequent meetings
until the budget is adopted. Notice that the budget will be considered
by the council at the first meeting in September must be published twice
in the official newspaper with the second publication not less than
three days prior to the meeting. The notice must state that copies of
the proposed budget are available for public inspection in the office of
the city clerk and that the public will be heard at the meeting.
Subdivision 2. The consideration of the budget and public hearing must
be conducted so as to give citizens an opportunity to be heard. The
manager must review the budget in the detail requested by the council.
The adopted budget must set forth in detail the financial plan of the
city for the ensuing fiscal year. The sum appropriated by the budget may
not exceed the estimated revenues to fund the expenditures.
Subdivision 3. The council must by a budget resolution adopt the budget
no later than the first week of October.
Subdivision 4. The budget resolution must levy sufficient taxes to
provide adequate revenues for the budgeted expenditures in the next
ensuing fiscal year. The budget resolution must be certified to the
county auditor in accordance with law.
Subdivision 5. The sums fixed in the budget resolution are appropriated
for the purposes identified in the budget resolution.
Subdivision 6. If a different schedule and procedure for the adoption of
the budget is specified by law, that schedule and procedure must be
followed.
Section 7.06. Enforcement of budget.
The manager must enforce the budget. The manager may not approve an
expenditure unless funds for that expenditure are appropriated by the
budget. The manager may not approve an expenditure authorized by the
budget unless there is a sufficient unexpended balance in the
appropriation after deducting prior expenditures from and current
encumbrances against the appropriation. An officer or employee of the
city may not place an order or make a purchase for the city unless the
order or purchase is authorized in the budget. An obligation incurred by
an officer or employee for a purpose not authorized in the budget or for
an amount in excess of the amount appropriated in the budget is the
personal obligation of the person incurring the obligation.
Section 7.07. Alterations in budget.
The council may not increase the amounts appropriated in the budget
resolution beyond the estimated revenues plus unappropriated fund
balances, except to the extent that actual receipts exceed the estimated
revenues plus unappropriated fund balances. The council may by
resolution reduce an appropriation in the budget. The council may by a
vote of at least five members authorize the transfer of sums from
unencumbered appropriations in the budget to other purposes.
Section 7.08. Emergency appropriations.
The council may include an emergency appropriation in the budget not
exceeding ten percent of the budget. A transfer from the emergency
appropriation to another appropriation may be made by resolution
approved by a vote of at least five members of the council. Amounts
transferred from the emergency appropriation may be used only for the
emergency purposes designated by the council resolution.
Section 7.09. Disbursements.
Disbursements of city funds are made by order-checks signed by the
manager and chief financial officer of the city specifying the fund on
which the order-checks are drawn. An order-check may not be issued
unless the claim to which it relates has been documented by an itemized
bill, payroll, time sheet or other document approved and signed by a
responsible city officer who vouches for its correctness and
reasonableness. The manager must note on a contract requiring the
payment of city funds the particular fund from which the contract is to
be paid. The council may adopt further regulations for the safekeeping
and disbursement of city funds.
Section 7.10. Funds.
There must be maintained in the city treasury a general fund and the
funds required by law, ordinance, the budget resolution or other
resolution. The council may make interfund loans except for trust or
agency funds.
Section 7.11. Accounting.
The city manager is the chief accounting officer of the city. The
manager must keep the council informed of the financial status of the
city. The manager must provide for an annual audit of the city's
finances by either the state auditor or a firm of certified public
accountants. A summary of the audit must be published once in the
official newspaper.
Section 7.12. Debt.
Except as provided in section 7.13, obligations may not be issued to pay
current expenses, but the council may issue and sell obligations for any
other municipal purpose in accordance with law and within the limits
prescribed by law.
Section 7.13. Tax anticipation certificates.
At any time after January 1st following the making of an annual tax
levy, the council may issue certificates of indebtedness in anticipation
of the collection of taxes levied for any fund and not yet collected.
The total amount of certificates issued against any fund for a fiscal
year with interest thereon until maturity may not exceed 90% of the
total current taxes for the fund uncollected at the time of issuance.The certificates (i) are issued on such terms and conditions as the
council determines, (ii) bear interest at no more than the lawful rate,
and (iii) are due and payable no later than the 1st day of April of the
year following their issuance. The proceeds of the tax levied for the
fund against which tax anticipation certificates are issued and the full
faith and credit of the city must be irrevocably pledged for the
redemption of the certificates in order of their issuance against the
fund.
Section 7.14. Public improvement revolving fund.
Subdivision 1. The council must establish by resolution and maintain a
[public] permanent improvement revolving fund (PIR Fund) Into the PIR
Fund are to be paid:
(i) special assessments against benefited properties for local
improvements and the interest on those
assessments levied and collected
in accordance with law;
(ii) the proceeds of obligations sold to finance local
improvements payable from special assessments;
(iii) proceeds of interfund loans or other appropriations to
support the PIR Fund; and
(iv) payments from the city for the city's share of the cost of
local improvements.
Out of the PIR Fund are to be paid:
(i) the cost of local improvements financed by the PIR Fund;
(ii) principal of and interest on obligations payable from
special assessments for local improvements
financed by the PIR Fund;
(iii) abatements of special assessments and refunds of payments
made to the PIR Fund in error;
(iv) the repayment of interfund loans made to the PIR Fund; and
(v) unencumbered surpluses in the PIR Fund as determined by
council resolution.
Subdivision 2. The council must maintain the integrity of the PIR Fund
by appropriations from the general fund. The council must maintain a
reasonable cash reserve in the PIR Fund for working capital.
Subdivision 3. The council may issue and sell general obligations of the
city payable in whole or in part from special assessments levied for
local improvements paid for by the PIR Fund and may pledge those special
assessments to the payment of the obligations. The obligations are not
debt within the meaning of any statutory limitation on debt, and no
approval of the voters is required for their issuance. The aggregate
amount of obligations issued under this section outstanding at any time
may not exceed the sum of:
(i) cash in the PIR Fund in excess of the required cash reserve,
plus
(ii) the total of special assessments for local improvements
financed by the PIR Fund that are levied but
uncollected; and
(iii) the assessable cost of local improvement work in progress.
Subdivision 4. On the completion of a local improvement financed by the
PIR Fund, the city manager must certify to the council the total cost of
the improvement. The cost of the improvement must then be specially
assessed against benefitted property in the manner provided by law.
Portions of the cost of the improvement determined by the council to be
payable from city funds (i) become due from those funds on the date of
the adoption of the assessment roll for the local improvement, (ii) bear
interest at the same rate as other special assessments for the local
improvement, and (iii) must be paid into the PIR Fund, with interest,
not later than one year after the date of the adoption of the assessment
roll for the local improvement.
Subdivision 5. The council must by resolution establish rules governing
the administration of the PIR Fund to carry out the intent of this
section.
Section 7.15. Economic development loans.
The city may make a secured or unsecured loan to a business, a
for-profit or nonprofit organization or an individual as part of a
program of economic development, job creation, redevelopment or
community revitalization, including, but not limited to, loans for any
economic development purpose specified by law. The city may appropriate
funds from any source, other than ad valorem taxes, properly available
to the city for the purposes of this section.
CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Section 8.01. The city plan.
The city council must, with the assistance of the city manager and the
city planning commission, prepare and adopt a complete plan for the
future physical development of the city. The plan may be altered from
time to time. The plan 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, harbors,
bridges, transportation lines, and other public facilities, and for the
laying out, grading and improving of streets and public places, as well
as for all other matters deemed essential to the plan. The adoption and
enforcement of the plan must be accomplished in accordance with law.
Section 8.02. Powers.
The city may make any type of public improvement not forbidden by law
and may levy special assessments against benefited property to pay all
or a portion of the cost of a local improvement in the manner prescribed
by law. The special assessments for a local improvement may equal the
cost of the improvements but may not exceed the special benefit to the
property assessed.
Section 8.03. Current services.
In addition to the provisions of law the council may provide by
ordinance that the cost of city services to streets, sidewalks or other
public or private property may be assessed against the property served
and collected in the same manner as special assessments.
CHAPTER 9. EMINENT DOMAIN
Section 9.01. Acquisition of property.
The city may acquire by purchase, gift, condemnation or otherwise,
property within or outside its boundaries that may be needed by the city
for a public purpose. In acquiring property by the power of eminent
domain the city must proceed in accordance with law.
CHAPTER 10. FRANCHISES
Section 10.01. Franchises required.
Except as otherwise provided by law, a person, firm or corporation may
not place or maintain a permanent or semi-permanent fixture in, over,
upon or under a street, highway or public way in the city for the
purpose of operating a public utility or for any other purpose without a
franchise therefore from the city.
Section 10.02. Ordinance.
A franchise is granted by ordinance which may not be an emergency
ordinance. An ordinance granting a franchise must contain all of the
terms and conditions of the franchise. A franchise is not valid unless
unconditionally and fully accepted by the grantee and filed with the
city clerk.
Section 10.03. Term.
An exclusive or perpetual franchise may not be granted by the city. A
franchise for a term exceeding 20 years is not effective unless approved
by a majority of the voters voting thereon at a regular or special
election.
Section 10.04. Public hearing.
Before a franchise ordinance is adopted or rates, fares or prices to be
charged by a public utility are fixed by the council, the council must
hold a public hearing on the matter. Notice of the hearing must be
published at least once in the official newspaper not less than ten days
prior to the date of the hearing.
Section 10.05. Publication cost.
The grantee of the franchise must pay for publication of the franchise
ordinance.
Section 10.06. Power of regulation reserved.
Subject to the applicable law, the council may by ordinance reasonably
regulate and control the exercise of a franchise, including maximum
rates, fares or prices to be charged by the grantee. The value of the
franchise may not be included in the valuation of the grantee's property
in regulating utility rates, fares or prices under applicable law,
ordinance or regulation or in proceedings for municipal acquisition of
the grantee's property by purchase or eminent domain. The rights of a
grantee under a franchise are subject to the superior rights of the
public to the use of streets and public places.
Section 10.07. Renewals.
An extension, renewal or modification of a franchise is subject to the
same limitations and is granted in the same manner as a new franchise.
CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES
Section 11.01. Acquisition.
The city may own and operate a gas, water, heat, power, light,
telephone, transportation, solid waste, hazardous waste, sanitation or
other public utility for supplying its own needs for utility service, or supplying utility service to private consumers or for both purposes.
The city may construct the facilities reasonably needed for the utility
and may acquire existing utility properties for the utility. The city
manager supervises the operation of city owned public utilities.
Section 11.02. Rates and charges.
The council may fix rates, fares and prices for municipal utilities and
services, including charges to be paid by the city itself. The council
may (i) prescribe the time and the manner in which payments for all
utility services are to be made, (ii) make other regulations governing
utility services, and (iii) prescribe penalties for violations of the
regulations.
Section 11.03. Purchase in bulk.
In lieu of providing for the local production of gas, electricity, water
and other utilities, the council may purchase the same in bulk and
resell utility proceeds to local consumers at such rates as it may fix.
Section 11.04. Lease of plant.
The council may lease a city-owned utility to a private party for a
term, not to exceed ten years, at rentals and on conditions as deemed
necessary. The lease must be embodied in an ordinance. The ordinance may
not be an emergency ordinance.
Section 11.05. Sale of utility.
A public utility owned by the city may not be sold or otherwise disposed
of unless the full terms of the sale or other disposition are embodied
in an ordinance approved by a majority of the voters voting thereon at a
general or special election.
CHAPTER 12. MISCELLANEOUS AND TRANSITORY PROVISIONS
Section 12.01. Official publications.
The council must annually designate a legal newspaper of general
circulation in the city as the official newspaper. Ordinances, matters
required by law and this charter to be published and other matters that
the council deems necessary for publication are to be published in the
official newspaper.
Section 12.02. Oath of office.
Elective officers of the city and any other officer so required by law
or this charter must, before taking office, take and subscribe to an
oath in substantially the form required by law.
Section 12.03. Interest in contracts.
Except as otherwise permitted by law, an officer of the city who is
authorized to take part in any manner in a contract with the city in an
official capacity may not voluntarily have a personal financial interest
in or personally benefit from the contract. Notwithstanding the
provisions of law, this section applies to a contract for which
competitive bids are not required by law.
Section 12.04. Official bonds.
Officers and employees of the city required by ordinance or law to
supply a bond must, before assuming office or employment, give a
corporate surety bond to the city as security for the faithful
performance of official duties and the safekeeping of public funds. The
bond (i) must be in the form and amount fixed by the council, (ii) may
be either an individual or blanket surety bond, (iii) must be approved
as to form by the city attorney, and (iv) must be filed with the city
clerk. Premiums on the bond are paid by the city.
Section 12.05. Sale of real property.
Real property of the city must be disposed of by resolution adopted
after ten days' published notice of a public hearing before the council
on the matter. The net proceeds of the sale of real property must first
be used to retire outstanding indebtedness incurred by the city in the
acquisition or improvement of that real property and the balance of the
net proceeds deposited in the general fund.
Section 12.06. Vacation of streets.
The council may by resolution vacate streets, alleys, public ways and
public grounds, or parts thereof, in the city. The vacation may be made
after ten days' published notice of a public hearing before the council
on the matter. The clerk must file a notice of completion of the
vacation proceedings with the appropriate county official and in
accordance with law.
Section 12.07. Effect of 1994 charter revision.
This charter is effective on October 15, 1994 and is a revision and
comprehensive amendment of the original charter of the city as amended
and effective on October 14, 1994. Nothing in this charter is to be
construed to modify, abrogate or abridge (i) the rights, duties,
liabilities, privileges or immunities of the city, (ii) the ordinances
and resolutions of the city, or (iii) the qualifications or terms of
office of city officers as they existed on October 14, 1994, except as
otherwise specifically provided in this charter. This charter is not to
be construed to affect, modify or repeal any special law of the state
applicable to the city.