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2003-23 I II I BILL NO. 2003-23 AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING FINANCIAL AND BUDGETING PROCEDURES; AMENDING SECTIONS 7.01, 7.02,7.03,7.05,7.06,7.07,7.08,7.09,7.10,7.11, 7.12, 7.13, 7.14,7.15 AND 7.16 OF THE RICHFIELD CITY CHARTER; REPEALING SECTION 7.04 FROM THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION 7.17 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Backqround; findinqs; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of certain Amendments to Chapter 7 of the charter and has recommended to the City Council that the Amendments be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. 1.03. A public hearing on the Amendments was held on November 12, 2003 by the City Council after two weeks' published notice containing the text of the Amendments as required by the Act. The notice contained a brief description of the nature and scope of the Amendments. All persons desiring to be heard with reference to the Amendments were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendments be adopted. Section. 2 Adoption; effective date; filinq. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. Section 7.01 of the Richfield City Charter is amended to read as follows: Section 7.01. Council to Control Finances. The Council sh311 h3vo full 3uthority over controls the financial affairs of the City, 3nd sh311. The Council must provide for .QLthe prompt collection of a-lt revenues, (ii) the preservation of 3nd othor assets, .illll the auditing 3nd settlemont of City accounts. and (iv) aM the safekeeping and disbursemonts proper disbursement of public monies. 2.03. Section 7.02 of the Richfield City Charter is amended to read as follows: Section 7.02. Fiscal Year. The fiscal year of the City sh311 bo is the calendar year. 2.04. Section 7.03 of the Richfield City Charter is amended to read as follows: Section 7.03. System of Taxation. Subject to the state_constitution, and except as forbidden by it or by state logisl::ttion law, the Council &A-a-lt h3vo full powor to may provide by ordin3nco resolution, preceded by notice and public hearing, for a system of loc3tion local taxation. In the taxation of real and personal property Je cuch, the City chJII the system of local taxation must conform as fully as possible to tho gonor31 state law a&--ffi in the 3ssossmont valuation of SHffi property and the collection of SHffi the taxes. 2.05. Section 7.04 of the Richfield City Charter is repealed. I 2.06. Section 7.05 of the Richfield City Charter is amended to read as follows: Section 7.05. Preparation and Submission of Annual Budget. +He City M::m::lgor ch::lll, at At a special budget meeting of the Council on or before tho firct Tuocd::lY in September 15, the City Manager must submit to the Council a proposed budget and ::In oxpbn::ltory .9. budget message in a the form and m::lnner containinq the information ::lS proccribod specified in Section 7.06. For cuch purposo ::lnd ::It such d::lto ::lC ho or sho ch::lll dotermino, In preparinq the budqet and the budqet messaqe, the G+ty Manager &AatI must obtain from tho hO::ld of o::lch City department heads information regarding .ill tho ch::lr::lctor, objoct ::lnd dot::lilc of proposed expenditures togothor with cuch othor supporting d::lt::l ::lC ho or cho m::lY roquoct, including ::In octim::lto of ::lll for the ensuinq fiscal year, and (ii) capital projects Sf and capital expenditures which o::lch dop::lrtmont hO::ld com~idors should proposed to be undertaken in hie or hor dop::lrtmont for the ensuinq budget year and in the noxt fivo followinq four fiscal years. In prop::lring the budgot tho City M::ln::lger The Council &AatI must reviow tho ostim::ltoc, ch::lll hold one or more informational hO::lrings thoreon meetinqs on the proposed budqet at which the public may provide comments and may thereafter revise estim::ltoc, the proposed expenditures and capital proiects contained in the proposed budqet document ::lC ho or cho m::lY doom ::ldvic::lble. 2.07. Section 7.06 of the Richfield City Charter is amended to read as follows: Section 7.06. Form of Annual Budqet. Subdivision 1. The budget sh::lll provide must contain a comploto financial plan of ::lll funds for the ensuinq budget fiscal year. which sh::lll The financial plan must include: fat .ill a budget message, fBf illl a general summary of the financial plan, (Bt illll dot::liled estimates of ::lll ::lnticip::ltod revenues applicable to proposed expenditures, and, tG1 ili1 aU proposed expenditures. +He proposed Proposed expenditures &AatI may not exceed tHe proposed revenues. +He Proposed expenditures for the general and special revenue funds &AatI must .ill be listed by organization... unit or activity... and illl &AatI be in parallel columns opposite the ch::lr::lctor ::lnd major Sf and minor object of the expenditure showing the amount of 6tK3-R expenditure for the last complotod fiscal year, the amount estimated for the current budgot fiscal year and the proposed expenditures for the ensuing budget fiscal year. In funds othor #laR The revenues attributable to each general and special rovonuo, fund tHe propocod oxponditurec sh::lll must be presented in ::In undorct::lnd::lblo 9- similar manner ::lccording to tho discrotion of tho City M::ln::lgor. The G+ty M::ln::lgor ch::lll cubmit ::l dot:Jilod statement of revenues in columnc for tho gonor::ll ::lnd spoci:::tl revonuo fundc for tho bst complotod fisc::l1 YO::lr, tho omount oct::lblichod for tho current budgot YO::lr ::lnd tho ::lmount ostim::ltod for tho noxt budgot YO::lr. Such dot::lil ch::lll must include the source of and amount of miscellaneous revenues, the amount of surplus of prior fiscal year revenues... and the amount of revenues raised by property taxes in the prior fiscal year and estimated to be raised in the current fiscal year. Rovonuos for coif supporting ::lnd othor fundc ch::lll bo prosontod in ::In undorct::lnd::lblo m::lnner ::lccording to tho diccrotion of tho City M::ln::lgor. Tho oxpbn::ltory budgot mocs::lgo m::lY bo cop::lr::lto but ctill ::lccomp::lnying tho budgot, ::lnd bo in tho form ::lnd with contontc ::lC followc: I I Subd. 2. The Budget Message.:. Curront Opor::ltions: The budget message may be submitted by the G+ty Manager as a separate document ffif tho Council eh::lll bo oxpbn::ltory of but it must accompany the budget. The message &AatI must contain the followinq elements. (i) Current operations. The budqet messaqe must explain the budqet. The messaqe must contain an outline of the proposed financial I ,~~ ~~',~'f+".-.p.., I I I 2.09. Section 7.08 of the Richfield City Charter is amended to read as follows: Section 7.08. Enforcement of the Budget. The Qty. Manager ~ must ctrictly enforce the provisions of the budget 3C cpocifiod in tho rosolution. The GHy Manager &RaU may not authorize or approve any expenditure unless an appropriation has been made in the budget resolution and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Ne An officer or employee of the City sflaU may not place aRy an orderc order or make aRY Q purchase except for the purposes authorized in the budget. APry An obligation incurred by aRY Q person in the employ of the City for aRY Q purpose not in the approved budget or for aRy an amount in excess of tRe an amount appropriated in the budget resolution or in excess of available monies in aRY Q fund of the City m::lY bo considered is a personal obligation ~ of the person incurring the expenditure. 2.10. Section 7.09 of the Richfield City Charter is amended to read as follows: Section 7.09. Altering or Adiustinq the Budget. After the budget ~ Rave has been ffiHy adopted, the Council sh::lll h::l'.'o no pO'Nor to may not increase the amounts fixed in the budget resolution, by the insertion of new items or otherwise, boyond in an amount more than the estimated revenues, unless the actual receipts exceed the estimates and then not beyond more than the actual receipts. The Council may ::It ::lny time, by resolution ::lpprovod by ::l four fifthc m::ljority of its momborc, reduce the sums appropriated for any purpose by the budget resolution. Within three months followinq the close of the fiscal year. the Council. At at the request of the Manager, within tho l::lst threo monthc of the ficc::l1 ye::lr, tho Council may transfer unencumbered appropriation balances for that fiscal year from one office, department or agency to another within the same fund. AU ::lppropri::ltions Appropriations sflaU lapse at the end of the budget year to the extent that they ch::lll not have not been expended or I::lwfully encumbered. 2.11. Section 7.10 of the Richfield City Charter is amended to read as follows: Section 7.10. Emergency Appropriation in Budqet. The Council may include an emergency appropriation as a part of the budget but not oxcoed more than three por centum percent of the total operating appropriations made in the budget for that year. A transfer from the emergency appropriation to ::lny othor another appropriation &RaU may be made eRty Hf*ffi by resolution on recommendation of the City Manager or a member of the Council ::lnd by ::l m::ljority voto of tho Council. The funds tffiffi. so appropriated sflaU may be used only for the purposes designated by the Council. II I 2.12 Section 7.11 of the Richfield City Charter is amended to read as follows: Section 7.11. Disbursements. How Made. Ne Except as otherwise provided in this section. dicburcomont disbursements of City funds sflaU may be made except only by check bearing the actual or facsimile signature of the Qty. Manager and the treasurer. No such A check sRaU may not be issued unless the claim to which it relates specifies the purpose for which the disbursement is made and the fund upon which it is drawn, and the claim has been supported by an itemized bill, payroll, or time sheet approved and signed by the responsible City officer who vouches for the correctness and reasonableness theroof of the claim. The Council may by ordinance make further regulations for the safe-keeping and disbursement of the funds of the City, includinq, the disbursement of funds for the payment of bills and obliqations by electronic means. I I I I ~~~~-,:t>~'~fIo!.''';:,~V''-' ~.......~,~ 2.13. Section 7.12 of the Richfield City Charter is amended to read as follows: Section 7.12. Funds to be Kept. There sRaJ.j. must be maintained in the City treasury the funds provided for in tho following this cubdivisions: section. Subdivision 1. General Fund: The General Fund is established for the payment of aU general government expenses and those obligations ef that the City ac tho Council m3Y 6eem deems proper. Into this fund sRaU are to be paid aU monies not otherwise provided horoin, or by statute~ or by ordinance or this Charter to be paid into any other fund. Subd._2. Liquor Special Revenue Fund: Other Special Revenue Funds:.:. A Liquor Special Revenue Fund is established aHG into which sRaU are to be paid .ill tho profits from public servico enterprisos, including tho profitc from tho liquor store, net revenues (i.e., qross revenues less costs of operation. maintenance and pledqed revenues) of the municipal liquor store, .illl proceeds ffem of special tax levies to support the fund. and {lill other special revenues so desiqnated bv the Council. Thoro shall bo p3id out of thic fund monios f{)r such purposos Expenditures from the Liquor Special Revenue Fund may be made only as authorized by the budget resolution~ providod, howovor, th3t such monios. Monies in the fund may be HSeG expended for capital improvements of tho typo for which tho City \vould bo onlv if authorized to iscuo gonor31 oblig3tion bondc only by ordinance. The Council may bv resolution establish other special revenue funds and provide for the expenditure of those funds. _ Subd.:. 3. Utilitv: or Othor Public Sop/ico Enterprise Funds:-.:. One or more utility or etRef public service enterprise funds are to be established into which sRa>> are to be paid 311 monoy dorivod from tho c310 of bondc icsuod on account of any municip311y ownod utility or onterpriso 3nd 311 monoy dorivod from tho s310 of utility or othor public entorpriso corvicos 3nd from tho s310 of 3ny proporty 3cquirod for or usod in connoction with 3ny such utility or ontorpriso 0) the qross revenues of the appropriate utility or enterprise. (ii) the proceeds of the sale of assets of the utilitv or enterprise. and (iii) the proceeds of bonds or other obliqations issued for the purposes of the utility or enterprise. Thora sh311 bo p3id out Out of each of this fund are to be paid the Ge&t costs, includinq the financinq costs of the purchase, construction, operation, maintenance and repair of StH:7R the utility or enterprise, including tho princip31 of 3nd intorast upon oblig3tion which h3vo boon or sh311 bo icsuod on itc 3ccount and other revenues as directed by the budget resolution. Separate funds sRaU must be established and kept for 311 utilitios or public sorvico ontorprisos which 3ro opor3tod cop3r3toly each separate utilitv or enterprise. Subd. 4. Trust and Aqencv Funds:.:. There are to be established Gfle one or more trust and agency funds 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. Subd. 5. Discretionary Fund. A Discretionary Fund is established for payment of reasonable and necessary expenses, not otherwise payable by the City as compensation, incurred by the Mayor and Council Members for the benefit of the City 3nd itc peoplo. Appropriations to and expenditures from this fund shJII not exceed $500 per YOJr are in the amounts fixed in the budqet resolution. The Council may by resolution establish the purposes and procedures for the making of disbursements from this fund, 9tH including disbursements made without previous Council authorization sRaJ.j. and those disbursements Be are subject to audit and allowance by the Council. Subd. 6. In addition to the foregoing funds, there may be maintained in the City treasury, whonevor tho Council doems it 3d'.'ic3blo; f-B ill one or more working capital or revolving funds, for financing self-sustaining activities not accounted for through other funds; and t2-t {ill such other funds as may be required by Ct3tuto or law, ordinance or the Charter. Subd. 7. +Re Council may make interfund loans by resolution where permitted by law except from Trust and Agency funds. 2.14. Section 7.13 of the Richfield City Charter is amended to read as follows: Section 7.13. Accounts and Reports. The accounts of the City sHalt must be maintained on an accrual or modified accrual basis in accordance with generally accepted governmental accounting standards and procedures. The Gtty Manager sHalt must submit such reports as 'Nill be are necessary fA. effief to keep the Council fully informed of the financial condition of the City. Once each year on or before tho 30th d3Y of June 30, the City Manager sHalt must submit a complete financial report of the City for the preceding fiscal year ending December 31, a summary of which sHalt must be published in the official newspaper. The Gtty Manager, under the direction of the Council, on or before June 30 of o3ch YC3r, sHalt must prepare at least one comprehensive public information report of the financial affairs of the City. S3id report ch311 bo 3n inform3ti'le typo, 3nd ch311 be dictributod Citywide The Manaqer must distribute the report to the persons and orqanizations and in the manner deemed advisable by the Manager. 2.15. Section 7.14 of the Richfield City Charter is amended to read as follows: Section 7.14. City Indebtedness. Except as provided in Sections 7.15 and 7.16, 00 obligations sHalt 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 limitations prescribed by law. Except in the case of obligations for which an election is not required by this Charter or by state law, no cuch obligations sHalt may not be issued and sold without the approval of the majority of the rogistored voters of the City voting on the question at a general or special election. Before submitting a question to the voters under this Section, the Council must conduct at least one public hearing on the question preceded by published notice public hod in 3 nowcp3por(s) coloctod by tho Council not more than 28 days nor less than 14 days prior to the hearing. 2.16. Section 7.15 of the Richfield City Charter is amended to read as follows: Section 7.15. Tax Anticipation Certificates. At any time after January 1, 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 any year with interest thereon until maturity sHalt may not exceed 90% of the total current taxes for the fund uncollected at the time of issuance. Such cortific3tos Certificates sHalt may be issued on such terms and conditions as the Council may determine but they shall become due and payable not later than the first 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 s4aU must be irrevocably pledged for the redemption of the certificates in the order of their issuance against the fund. 2.17. Section 7.16 of the Richfield City Charter is amended to read as follows: I I I I I I I or ""'it..... Section 7.16. Emerqency Debt Certificates. 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, or if any calamity or other public emergency should subject the City to the necessity of making extraordinary expenditures, the Council may by resolution issue and sell on such terms and in such manner as the Council determines emergency debt certificates to run not to exceed two mature within three years. A tax sufficient to pay principal and interest on such certificates '....ith the m:Jrgin required by I:Jw sh:J1I must be levied as required by law. The resolution authorizing an issue of such emergency debt certificates sRa-U must state the nature of the emergency and be approved by a majority of all the members of the Council. 2.18 Chapter 7 of the Richfield City Charter is amended by adding a new section as follows: Section 7.17. State Budqet Procedure. If state law specifies a schedule and procedure for the adoption of the budget and levy of taxes that is different from that provided in sections 7.05 through 7.07 of this charter, the schedule and procedure in state law supersedes the schedule and procedure in this charter. 2.19 This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.20 On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this 12th day of November, 2003. /?7;.J~zA lU Martin J. Kirscb,...Mayor ATTEST' W t ~ \/(\~ /)/l...(.A./)...- Jivc Vw Nancy Gibbs, City Clerk u - CI --- newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Sun-Current , and has full Financial Officer of the newspaper known as knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. s331A.02, s331A.07, and other applicable laws, as amended. (8) The printed public notice that is attached was published in the newspaper once each week, for ~ successive weeks; it was first published on Thursday, the ~ day of November ,2003, and was thereafter printed and published on every Thursday to and including Thursday, the _ day of , 2003; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the I size and kind of type used in the composition and .,8Yblicabon of th abcdefghiJklmnopqrst~yz , t Subscribed and sworn tQ~or affirmed J~fore me 0[1 thiS~ day of Y / If I L J , b003. \~\ , () -:;:; (\J '1 )/ (, ~ I ttl 1 n Ir .-M rt)(J ~.J~ Nota\:~lil MERID~L M. HEDBLOM) I- NOTARY PUBLlC.MINNESOTA MY COMMISSION EXPIRES 1.31-2005 B e RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $ 2.85 Der line (2) Maximum rate allowed by law $ 6.20 Der line (3) Rate actually charged $ 1.40 per line City of Richfield) SUMMARY PUBLICATION BILL NO. 2003-23 AN ORDINANCE RELATING TO CITY GOVElL.,.. MENT; MODIFYING AND CLARIFYING FINANCIAL AND BUDGETING PROCEDURES; !, I AMENDING SECTIONS 7.01, 7.02, 7.03, 7.05, 7.06, 707,7.08,7.09,7.10,7.11,7.12,7.13,7.14,7.15 AND i I 7.16 OF THE RICHFIELD CITY CHARTER; I REPEALING SECTION 7.04 FROM THE I RICHFIELD CITY CHARTER; ADDING A NEW - SECTION 7.17 The City Council of the City ~f Richfield has adopted Or- I ' dmance No. 2003-23. The ordinance amends Sections 7.01,7.02,7.03,7.05,7.06,7.07,7.08,7.09,7.10, 7.11, 7.12, 7.13,7.14,7.15 and 7.16 of the City Charter; adds a new section 7.17, and repeals Section 7.04 ofthe City Charter. The Ordinance simplifies and clarifies the City Charter re- quirements regarding the City budget process and finan- cial matters. By repealing Section 7.04 of the Charter, the Ordinance also causes the City Council to serve as the Board of Equalization for property tax matters. The full I text of the ab~ve-referenced Ordina~ce is available for in-I spectlOn at RIchfield CIty Hall durmg regular business Dated: November 12, 2003 I ::I:ROER OF THE CITY COUNCIL ' I I Naney 9.ibbs, City Clerk (Nov. 27,2003)0212003-23