2003-08-13 Agenda~a
MEETING OF THE
RICHFIELD CHARTER COMMISSION
WEDNESDAY, 13 AUGUST 2003
EXECUTIVE CONFERENCE ROOM
RICHFIELD CITYHALL
6:30 PM
AGENDA
Call to Order
Roll Call
Approval of Minutes
Review of Work on Proposed Changes to the City Charter
Report of Committees
By Law Revision Committee
Charter Revision Committee
New Business
Discussion of and vote concerning proposed ordinances changing the Richfield City
Charter. Ms. Corrine Thomson, Richfield City Attorney, will be present to assist with
our discussion
Adjournment
MEMO FOR: RICHHFIELD CHARTER COMMISSION MEMBERS
FROM: JOHN L. EASTERWOOD
PRESIDENT
SUBJECT: CHARTER COMMISSION MEETING
Wednesday, August 13, 2003
6:30 PM
1. We will meet at City Hall on Wednesday, August 13 at 6:30 PM.
2. With this memo you will find the ordinances that-propose changes to the City Charter. In the
cases of Chapters 5 and 7natou fannoVtationcThe annotated do uments are onhyellohw papers
same document with expla ry
3. The purpose of the meeting is to vote on the ordinances you find included with this mailing.
Those that are approved by majority vote of the Commission will be passed on to the City
Council for their consideration.
4. All of you, except for new members, have seen these proposed changes before and have
had an opportunity to discuss them with the Commission. It has been some time since we
looked at these things together. As you will recall, there was a work session with the City
Council following the last meeting of the Commission. At the work session, the proposed
changes to the charter were discussed. Most were received favorably by the members of the
Council, at least by those who expressed an opinion. Some modifications, mostly minor,
were incorporated into the proposed ordinances as a result of the discussion with the
Council. In advance of the mo el effic et and take elss timeeif we arerall prepared ahead of
again. The meeting will be
time. Please feel free to call me with any questions.
5. There are some significant changes to the proposal ame adirriem eapofrthe League of
Commission met with the City Council for a work session,
Women voters appeared with a proposal regarding chapter 5. The League had apparently
been discussing that chapter for some time. The League representative asked for some time
to present their proposal to the Council. The Council agreed. The proposal of the League
involves increasing the number of initial parties to petitions and increases the required
percentage of voters that must sign a petition for it to become a valid instrument. A majority
of the Council supported this proposal. Consequently, and at the request of the Council, I felt
that it was appropriate to include the changes envisioned by this proposal in the final draft of
the ordinance with the understanding that the Commission may choose to reject it. I asked
the City Attorney to draft the ordinance with the changes written into the text. Please be sure
that. you read this proposed ordinance with extra care before you come to the meeting. If the
Commission chooses not to r can be amended to reflect the orig nal wordingue, the motion to
pass the proposed ordinance
6. I thank all of you in advance for oocontatct me by temalrat ecaptin@att net any questions feel
free to call me at 612-869 0509
7. If you. know that you cannot attend the meeting on August 13, please call me as soon as you
get this notice.
BILL NO.
AN ORDINANCE RELATING TO CITY GOVERNMENT;
AMENDING SECTIONS 2.03 AND 3.01 OF THE RICHFIELD
CITY CHARTER
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background findings 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, Chapter410 (Act).
1.02. The Charter Commission of the City has proposed the adoption of an Amendment
to change council meeting requirements and-clarify-provisions-regarding council member
terms of office and has recommended to the City Council that the Amendment be adopted
by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of
the Act. The form of the Amendment is set out in Section 2.02.
1.03. A public hearing on the Amendment was held on by the City
Council after two weeks' published notice containing the text of the Amendment as
required by the Act. The notice contain be heard w thcrepelrence t the Amendme t wee
the Amendment. All persons desiring t
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 Amendment be adopted.
Section. 2 Adoption effective date; filing.
2.01. The Amendment as proposed by the Charter Commission is adopted.
2.02. Section 2.03 of the Richfield City Charter is amended to read as follows:
Section 2.03. Elective Officers. The Council s#all~e is composed
of a Mayor and four Council Members, all of whom shall must be registered
voters. The offices. of Mayor and at-large Council Member shall must be
filled by election at large. The offices of the three district Council Members
ehall must be elected from apportioned Council districts in which they reside.
The Mayor and the Council Members shall each be elected to a four-year
term with Mayor and the Council Member at-large in 1994 and each
succeeding four years and the district Council Members elected in 1992 and
each succeeding four years. The regular term of an office commences ee at
the first regular or special council meeting in January ~- next following the
general election at which balloting for the full term of office occurs and office
holders shall serve until their successors are elected and qualified. A
candidate for the office of district Council Member must reside whsle Seekltlg
election and while serving in office within the district from which he or she is
cal-Zasl9s~a
RC 145-17
elected. Within two years after each United States Census the City Council
shall by ordinance establish compact and contiguous districts to be
apportioned by population as nearly equal as practicable. The three Districts
shall be Eastern, Central and Western Richfield with dividing lines generally
north and south.
2.03 Section 3.01 of the Richfield City Charter is amended to read as follows:
Section 3.01. Council Meetings.
Newt elected members of the Council shall will assume their duties at the
first regular or special meeting of the Council in January following a regular
municipal election. Thereafter, the Council shaft wdl meet at s+~sh the times
each month as ed-established by-ordinance or resolution.
The Mayor or any two members of the Council may call special meetings of
the Council upon at least twelve hours notice to each member of the
Council. ash The notice shaft must be delivered personally to each
member or be left at the Member's usual place of residence with some
o~~ meo±?^^~ Meetings of the Council chaff-fie are
responsible person. ~- ,+ .,.,., ~;+~~on
public, except as otherwise permitted or required by law. a-n • •
s"~l~~,o ~~~~~~~ Any person may inspect the minutes and records
t~hereef of the meetings at aft reasonable times.
2.04. 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.
2.05. 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 day of
.2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
CAH-225198v2
RC 145-17
BILL NO.
AN ORDINANCE RELATING TO CITY GOVERNMENT;
AMENDING SECTIONS 3.05, 4.07 AND 6.02 OF THE
RICHFIELD CITY CHARTER
THE CIN OF RICHFIELD DOES ORDAIN:
Section 1. Background findinas~ 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 Amendments to
certain sections of the charter and 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. The form of the Amendments is set out in Sections 2.02, 2.03
and 2.04 of this ordinance.
1.03. A public hearing on the Amendments was held on 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; filing.
2.01. The Amendments as proposed by the Charter Commission are adopted.
2.02. Section 3.05 of the Richfield City Charter is amended to read as follows:
Section 3.05. Procedure on Ordinances. The enacting clause of all
ordinances shall be in the words "City of Richfield does ordain." Every
ordinance shall be presented in writing.
~~ Except for an emergency ordinance every ordinance must be
introduced at a meeting that occurs no less than fourteen (14) days before
the meeting at which the ordinance is finally passed."
2.03. Section 4.07 of the Richfield City Charter is amended to read as follows:
Section 4.07. Canvass of Elections. The Council shall meet and
canvass the election returns at the next regular or special Council. meeting
immediately following. any regular, primary or special election but in no event
CAx-aa3s7s~2
RC 145-17
later than the time prescribed by state law, and
shall make full declaration bf the results as soon as possible, and file a
statement thereof with the City Clerk. This statement shall include: (a) the
total number of good ballots cast; (b) the total number of spoiled or defective
ballots; (c) the true vote for each candidate, with an indication of those who
were elected or nominated; (d) a true copy of the ballots used; (e) the names
of the judges and clerks of election; and (f) such other information as may
seem pertinent. The City Clerk shall forthwith notify all persons elected or
nominated of their election or nomination. In case of a tie vote, the Council
shall determine the result by lot. The City Clerk shall be the final custodian.
of the ballots.
2.04. Section 6.02, subdivision 3 of the Richfield. City Charter is amended to read as
follows:
Subd. 3. The City Manager shall appoint and remove, upon the basis
of merit and fitness and subject to applicable civil service provisions, if any,
the City Clerk, all heads of departments and all subordinate officers and
employees in the departments. The Director of Public Safety, having
administrative and supervisory control over the police and ~e other non-
civil-service divisions of the Department of Public Safety, is not under the
jurisdiction of the police and fire civil service commission of the City.
Appointment or removal of department heads shall be made final only upon
a majority vote of the Council.
2.05. 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.
2.06. 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 day of
.2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
CAH-223878v2
RC 145-17
BILL NO.
AN ORDINANCE RELATING TO CITY GOVERNMENT;
REPEALING SECTIONS 8.04 AND 8.05 OF THE RICHFIELD
CITY CHARTER; RELATING TO REQUIREMENTS FOR
CERTAIN CAPITAL IMPROVEMENT PROJECTS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background; findings; 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-an Amendment
to repeat Sections 8.04 and 8:05 of the charter and has recommended o the City Council
that the Amendment 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 Amendment was held on by the City
Council after two weeks' published notice containing the text of the Amendment as
required by the Act. The notice contained a brief description of the nature and scope of
the Amendment. All persons desiring to be heard with reference to the Amendment 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 Amendment be adopted.
Section. 2 Adoption; effective date; filin
2.01. The Amendment as proposed by the Charter Commission is adopted.
2.02 Chapter 8 of the Richfield City Charter is amended by repealing Sections 8.04 and
8.05 of that chapter.
2.03. 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.
2.04. 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 day of
.2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
CAH-223897v2
RC 145-17
BILL NO.
AN ORDINANCE RELATING TO CITY GOVERNMENT;
MODIFYING AND CLARIFYING PROCEDURES FOR
INITIATIVE, REFERENDUM AND RECALL; ESTABLISHING
PENALTIES FOR SPECIFIED ELECTION MISCONDUCT;
5.06. 5.07
AMENDING SECTIONS 5.01, 5.02, 5.04, 5.05,
AND 5.20
5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19,
OF THE RICHFIELD CITY FIELD CITI( CHARTERA NEW
SECTION 5.22 TO THE RICH
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background• findings 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 5 of the charter and has d Hance ent hetmannerltprescrbed by
the Amendments be adopted by City Counal or
Section 410.12, Subdivision 7, of the Act.
by the
1.03. A public hearing on the Amendments was held on
City Council after two weeks' published notice contaiscrg t on of the nature and scope of
required by the Act. The notice contained a brief de p
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' filing.
2.01. The Amendments as proposed by the Charter Commission are adopted.
2,02, Section 5.01 of the Richfield City Charter is amended to read as follows:
Section 5.01. Powers Reserved by the People. ferenduml and
Richfield reserve to themselves the powers of initiative re
recall to be exercised, in accordance with the provnsion~ thr^ Ch~th
_ _ ._I _._~......~ OV/" rim I
CAH-226414v3
RC145-17
Initiative is the
process for voters to propose and adopt an ordinance. Referendum is the
process to require an ordinance passed by the council to be referred to the
voters for approval or disapproval Recall is the process for removing an
elected public official from office Initiative and referendum may not be_ used
with an ordinance that appropriates money authorizes the levy of taxes, or
involves land use or zoning.
2.03. Section 5.02 of the Richfield City Charter is repealed.
2.04. Section 5.04 of the Richfield City Charter is amended to read as follows:
Section 5.04. Initiation of Measures. Any five residents of the City
who are registered voters may form themselves into a sponsoring committee
for the initiation of ae-y
an ordinance as permitted by section
5.01 of this Charter. Before circulating any petition +h° the committee
must file an affidavit and its proposed petition ~~°:'?f°.°~ =-~~ ^f +h°ir
pn~ese~rd,;^,~.nse with the City Clerk;. The affidavit must state that a
committee has been formed, must contain, +^^°+h°r ~eci+h th°~r the names
and addresses as of the committee members and must
be signed by each member of the committee whose signatures must be
verified by a notary public. ~y sly The committee must also attach a
verified copy of the proposed ordinance to each of the signature papers
herein described, together with the committee members' names and
addresses as sponsors #~eree#. The ordinance must relate to only one
subject which is clearly expressed in the petition Every circulator of a
signature paper must be a resident of the state of Minnesota.
2.05. Section 5.05 c,f the Richfield City Charter is amended to read as follows:
Section 5.05. Form of Petition and of Signature Papers. The
petition for the adoption of any ordinance sttatl must consist of the
ordinance, together with all the signature papers and affidavits #aae~ete
attached. ~sl~ A petition shatl is not be complete unless signed by a
number of registered voters equal to at least five percent of the total number
of registered voters at the time of the last regular municipal election. All the
signatures need not be on one signature paper, but the circulator of every
' si nq ature paper s~atl must make an affidavit that each signature
appended to the paper is the genuine signature of the person whose name it
purports to be. Each signature paper ahafl must be in substantially the
following form:
INITIATIVE PETITION
CAH-226414v3 2
RC145-17
Proposing an ordinance to of h the
(Stating the Purpose of the Ordinance). A certified a copy
proms ordinance is ~ierete attached.
Sronsoring Committee.
This ordinance is sponsored by the following committee of City of Richfield
residents who are registered voters:
Name Address
1.
2.
3.
4.
5.
Instructions to Petition Signers
You are bein asked to si n a etition. You must be a resident of and a
registered voter in, the City of Richfield Everv person signinq this
etition must do so in the resence of the erson circulatin the etition It
is a criminal offense to sign a name other than your own to the petition
or to accept compensation for signinq Your name to the petition
The undersigned registered 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.
Date Legal Signature
1.
Name (print legibly) Address (print legibly)
2.
3.
The affidavit of the
( o„+;,,no.+ ~h~~~o must be attached at the end of each signature
circulator ~--
paper.)
2.06. Section 5.06 of the Richfield City Charter is amended to read as follows:
CAH-226414v3
RC145-17
Section 5.06. Filing of Petition and Action Thereon. All the
signature papers mush be filed in the office of the City Clerk as one
instrument. Within {"~-~; ten (10) working days after the filing of that
petition, the City Clerk ehal-I must ascertain by examination, the number of
registered voters in the City whose signatures are a-pper~~°~' +h°r°+„
attached and whether this number is at least ~e fifteen percent (~-15%) of
the total number of registered voters at the time of the last regular municipal
election. The validity of the signatures must be judged as of the day the
petition was filed. If the City Clerk finds the petition ~ to be insufficient
or irregular, the City Clerk s~ must at once notify. one.. or_more of the
sponsoring committee of that fact,-certifying the reasons-for the finding.- l"he
committee shall then be given thirty (30) days in which to file additional
signature papers and to correct the petition in all other particulars. If at the
end of that period the petition is found to be -still insufficient or irregular, +t
Sn^~~ h° fil°~ h~. the City Clerk shall file the petition in the City Clerk's office
and noti each member of the committee °"°'~I-Ae-n^~~f~°.. of that fact h
~y-~Glerk. The final finding of the insufficiency or irregularity of a petition
ehatl does not prejudice the filing of a new petition for the same purpose, nor
e~ does it prevent the Council from referring the ordinance to the voters at
the next regular or special election at its option.
2.07. Section 5.07 of the Richfield City Charter is amended to read as follows:
Section 5.07. Action of Council on Petition. When the petition is found
to be sufficient, the City Clerk s#a~-I must so certify to the Council at its next
meeting, stating the number of ~etatiener~ valid signatures on the petition
and the percentage of the total number of registered voters at the time of the
last regular municipal election which they constitut°,G--~„~'~~. The Council
shall at once read the ordinance and may refer it to an appropriate
committee. The committee or Council must hold
a public ~ea~iags hearin upon the ordinanc°, ^~*°r +h° hr+lrlinn of ~~ihinh tho
After the public
hearing, but not later than sixty-five (65) days after the City Clerk date-u-psr~
~.~hi.~h ;+ ,.,-.~ submitted the ordinance to the Council h., +"° ~;+„ ~'°rlr the
Council must take final action on the ordinance. If the Council fails to pass
the proposed ordinance, or passes it in a form different from that set forth in
the petition and unsatisfactoryto the sponsors, the proposed ordinance sib
must be submitted by the Council to a vote at the next regular municipal
election, but if the r,T~,m,;;°~~t-~~;~~ a; number of valid signatures on
the petition is equal to at least fi#een twen percent (~ 20%) of the total
number of registered voters at the time of the last regular municipal election,
the Council s~ must call a special election upon the measure. Such
special election. must be held not less than fkA} fi 50 nor more
than sixty-five (65) days from date of final action on the
ordinance by the Council or if there- has been no final action, from a#er the
CAH-226414v3
RC145-17
expiration of sixty-five (65) days from the date of submission to the Council
,~T~,h "^ h°°n r,,, f,..^~ ^.-+;^n; but if a regular election is to occur
within three months, the Council r-na-y must submit the ordinance at that
election. If the Council passes the proposed ordinance with amendments
and at least four-fifths (4/5) of the sponsoring committee do not express their
dissatisfaction with such amended form by a statement filed with the City
Clerk, within ten (10) days of the passage thereof by the Council, the
ordinance need not be submitted to the voters.
2.08. Section 5.08 of the Richfield City Charter is amended to read as follows:
Section 5.08. Initiative Ballots. The ballots used-when voting upon
any such proposed ordinance s~ must state the substance of the
ordinance and sbatl must give the voters the opportunity to vote either "yes"
or "no" on the question of adoption. If a majority of -the votes on any such
ordinance are in favor of it, it c,",c!! +"°r°:^~M~;~ h°nnm° becomes an
ordinance of the City. Any number of proposed ordinances may be voted
upon at the same election, but the voter s~ must be allowed to vote for or
against each separately. In case of inconsistency between two initiated
ordinances approved at one election, the one approved by the higher
percentage of voters voting on the question °"^" ~r°~~°~' rep vails to the
extent of the inconsistency.
2.09. Section 5.11 of the Richfield City Charter is amended to read as follows:
Section 5.11. The Referendum. If prior to the date when an ordinance
takes effect a petition signed by qualified registered voters of the City equal
in number to tern fifteen percent (~ 15%) of the total number of registered
voters at the time of the last regular municipal election is filed with the City
Clerk requesting that any such ordinance be repealed or submitted to a vote
of the registered voters, the ordinance ch~+ll +h°r°h~i "° is prevented from
going into operation. All the s~nature gages must be filed as one
instrument The City Clerk must ascertain by examination the sufficiency of
the petition within ten (10~working days and must certify the results of that
examination to the Council at its next regular meeting. The Council s#al•I
must thereupon reconsider the ordinance ^+ ;+~ .,°.,+ r°^~ ~I^r ..,°°+;.,,., and by
majority vote either repeal or affirm the ordinance as passed. If the
ordinance is affirmed, the Council s#atl must immediately order a special
election to be held thereon, or submit the ordinance at the next regular
municipal election, pending which the ordinance sn^'~~,^~ remains
suspended. If a majority of the voters voting on the ordinance is opposed to
the ordinance, it s~ does not become effective; but if a majority of the
voters favor the ordinance, it takes effect immediately or on the
date therein specified.
2.10. Section 5.12 of the Richfield City Charter is amended to read as follows:
CAH-226414v3
RC145-17
Section 5.12. Referendum Petition. The requirements laid down in
Sections 5.04 and 5.05 above as to the formation of committees, the form of
petitions and signature papers, and residency requirements for committee
members and circulators, for the initiation of ordinances shall apply to the
referendum but with such changes as may be necessary.
A referendum petition shall read substantially as follows:
REFERENDUM PETITION
Proposing the repeal of an ordinance to
(stating the purpose of the ordinance}-a. A certified copy of w#isf~ the
ordinance is #~erete attached.
Sponsoring_Committee
The proposed repeal is sponsored by the following committee of Ci of
Richfield residents who are registered voters:
Name Address
1.
2.
3.
4.
5.
Instructions to Petition Signers
You are being asked to sign a petition You must be a resident of, and a
registered voter in, the City of Richfield. Every person signing this
petition must do so in the presence of the person circulating the petition. It
is a criminal offense to sign a name other than your own to the petition
or to accept compensation for s~ning your name to the petition.
The undersigned qualified registered voters, understanding the nature
of the ordinance hereto attached and believing it to be detrimental to the
welfare of the City, petition the Council for its submission to a vote of the
voters for their approval or disapproval.
Date Legal Signature
1.
2.
Name (print legibly) Address (print legibly)
CAH-226414v3 6
RC145-17
3.
~ ~ 'The
affidavit of the circulator m°^*~^^°~' "`'^"° must be attached at the end of the
list of signatures.)
2.11. Section 5.14 of the Richfield City Charter is amended to read as follows:
Section 5.14. The Recall. No less than 25 registered voters may form
themselves in a committee for the purpose of bringing about the recall of any
Council Member including the Mayor. If the committee-seeks the recall of a
district Council Member, the registered voters constituting the committee
shah must be from the Council Member's district. The committee ~k+a~-I must
certify to the City Clerk the name of the Council Member whose removal is
sought, a statement of the grounds for removal in not more than 250 words,
and their the committee's intention to bring about his or her recall. A copy of
this certificate shad must be attached to each signature paper and no
signature paper shat} may be put into circulation previous to such
certification.
The grounds as set forth in the recall petition must be predicated on
one or more charges of malfeasance, nonfeasance or both. For this
purpose the word "malfeasance" means the performance of an act by a
Council Member in his or her official capacity that is wholly illegal and
wrongful and the word "nonfeasance" means the neglect or refusal, without
sufficient excuse, to do that which it is the Council Member's legal duty to do
so.
2.12. Section-5.15 of the Richfield City Charter is amended to read as follows:
Section 5.15. Recall Petitions. The petition for the recall of any
Council Member shaEl must consist of a certificate identical to that filed with
the City Clerk together with all the signature papers and affidavits thereto
attached. All the signatures need not be on one signature paper, but the
circulator of every signature paper shall must make an affidavit that each
signature appended to the paper is the genuine signature of the person
whose name it purports to be. Every circulator of a signature paper must be
a resident of the state of Minnesota. Each signature paper shad must be in
substantially the following form:
RECALL PETITION
Proposing the recall of from the office as
which recall is sought for the reasons set forth in
the attached certificate.
CAH-226414v3 7
RC145-17
Sponsoring Committee
This movement is sponsored by the following committee of registered voters
eligible to vote on candidates for that office.
1.
2.
3.
Name
Address
[listingall members of the committee)
Instructions to Petition Signers
You are being asked to sign a petition You must be a resident of, and a
registered voter in, the City of Richfield. Every person signing this
petition must do so in the presence of the person circulating the petition. It
is a criminal offense to sign a name other than your own to the petition
or to accept compensation for signing your name to the petition.
The undersigned registered voters, all being eligible to vote on candidates
for that office, understanding the nature of the charges against the Council
Member herein sought to be recalled, desire the holding of a recall election
for that purpose.
Date Legal Signature
1.
2.
Name (print legibly) Address ,(print legibly)
3.
At t~en~f- "° '~~e~slg~a#t>~es-s#atl # ~+~~ _+ho e~„~c,.,,+ The
affidavit of the circulator must be attached at the end of the
list of sianatures.
2.13. Section 5.16 of the Richfield City Charter is amended to read as follows:
Section 5.16. Filing of Petition. Within thirty (30) days after the filing of
the original certificate, the committee s~ must file the completed petition in
the office of the City Clerk. The City Clerk sq~aN must examine the petition
within the next {'~ ten X10 working days and if the clerk finds it irregular
in any way, or finds that the number of signers is less than twenty-five
percent (25%) of the total number of registered voters eligible to vote on
candidates for that office at the last preceding regular municipal election, the
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City Clerk s1~ must so notify one or more members of the committee. The
committee shall then be given ten (10) days in which to file additional
signature papers and to correct the petition in all other respects, but they the
committee may not change the statement of the grounds upon which the
recall is sought. If at the end of that time the City Clerk finds the petition still
insufficient or irregular, the clerk a#atl must notify all the members of the
committee to that effect and s~ file the petition in the City Clerk's office.
No further action shall be taken thereon.
2.14. Section 5.17 of the Richfield City Charter is amended to read as follows:
Section 5.17. Recall Election. If -the petition or amended petition is
found sufficient, the City Clerk s#atl must transmit it to the Council without
delay, and ebatl must also officially notify the person sought to be recalled of
the sufficiency of the petition and of the pending action. If the Council
Member sought to be recalled does not resign within ten (10) days after
having been given such notice, the Council shall, at its next meeting
occurring more than ten (10) days after the receipt by the Council of the
recall petition, by resolution, provide for the holding of a special recall
election not less than ~A 50 nor more than 45 75 days after such meeting,
but if any other election is to occur within sixty (60) days after such meeting,
the Council may in its discretion provide for the holding of the recall election
at that time. If the special recall election involves a district Council Member,
the recall election ~N must be conducted only within the district of such
Council Member. If it involves several district Council Members, the election
std must be conducted only within the districts of such Council Members.
If it involves a Council Member who is elected at large, the election s#aN
must be a City-wide election.
2.15. Section 5.18 of the Richfield City Charter Is amended to read as follows:
Section 5.18. Procedure at Recall Election. The City Clerk salt must
include with the published notice of the election the statement of the grounds
for recall and also, in not more than 500 words, the answer of the Council
Member concerned in justification of his or her course in office. The election
s#al•I must be conducted as far as possible, in accordance with the usual
procedure in municipal elections.
2.16. Section 5.19 of the Richfield City Charter is amended to read as follows:
Section 5.19. Form of Recall Ballot. The form of the ballot at such
election shall be: "Shall be recalled?" The
name of the Council Member whose recall is sought and his or her ofFce
shall be inserted in the blank. The electors shall be permitted to vote
separately "Yes" or "No" upon this question. If a majority of those voting on
CAH-226414v3 9
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the question of recall vote in favor of recall, the official shall be thereby
removed from office.
2.17. Section 5.20 of the Richfield City Charter is amended to read as follows:
Section 5.20. Procedure to Fill Vacancy. In the event that a Council
Member is recalled by the electors or resigns after a petition has been filed
for his or her recall, the vacancy sfaafl must be filled in the following manner:
If less than six months remain in the Council Member's term of office at
the time of the recall election or at the time of resignation in response to a
recall petition, as the case may be, the vacancy shall must be filled by the
remaining members of the City Council for the unexpired term pursuant to
Section 2.05.
If six months or more remain in the Council Member's term at the time
of such recall or resignation, the Council shad must call a special election to
fill the vacancy for the balance of the Council Member's term. Such election
shall must be called within ten (10) days after such recall or resignation, and
the special election skull must be held not less than #~"~*~~) fift 50 nor
more than sixty (60) days after the meeting at which the election is called.
Candidates to fill the unexpired term sfiatl must be nominated in the usual
way and the election shafl must be conducted as far as possible in
accordance with procedures in municipal elections except that there shall be
no primary election and the candidate receiving the highest number of votes
for the office shall be elected to fill the unexpired term.
2.18. Chapter 5 of the Richfield City Charter is amended by adding a subdivision to read
as follows:
Section 5.22.Offenses; Penalty. It is unlawful for a person to:
a sign a name other than that person's own name to an initiative,
referendum or recall petition;
b circulate an initiative or referendum petition without required
attachments;
c circulate an initiative referendum or recall petition when unqualified to
do so;
d sign an initiative referendum or recall petition when that person
knows he or she is not qualified to do so;
e make a false affidavit in connection with an initiative, referendum, or
recall petition;
CAH-226414v3 10
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f pay or offer to pay a person or receive payment or agree to receive
payment for signing an initiative, referendum or recall petition;
g. may or offer to pay a person, or receive payment or agree to receive
payment on a basis related to the number of signatures obtained for
circulating an initiative referendum, or recall petition. This subsection does
not prohibit the payment of salary and expenses for circulation of the petition
on a basis not related to the number of signatures obtained, as long as the
circulators fully disclose all contributions received to the city clerk upon
submission of the petitions.
A violation of this section is a misdemeanor punishable in accordance with
state law.
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 day of
2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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CHAPTER 5
INITIATIVE REFERENDUM AND RECALL
Section 5.01. Powers Reserved b rLthe People. The people of Richfield reserve to
themselves the powers of initiative referendum and recall to be exercised, in accordance
with the provisions of this Charter,
' th
it i+i +i„° r°f°r°nrli ~rr+ nr! r°gail- r°c.~r1°n+~~~°" Initiative is the-process for voters to~propose
and adopt an ordinance Referendum is the process to require an ordinance passed by
the council to be referred to the voters for approval or disapproval. Recall is the process
for removing an elected~public official from office Initiative-and referendum may not be
used with an ordinance that appropriates money authorizes the levy of taxes, or involves
land use or zoning.
NOTE.- The only substantiive change is to add "land use or zoning" ordinances to the list
of ordinances for which initiative and referendum is not available. That is a codification of
the Court of Appeals decision in Nordmarken v. City of Richfield. 1 reworded the section to
make it more concise and reader-friendly.
Section 5.02. ~°n~'~~'~°~TRef~S-~9-^ T'rpGr 9f--cr " ini+io+i
of +hie c°n+inn i~ ~+ mic~iJ°m°~nnr
vrcrn,..,............. ~ ...._~_..----- -
NOTE: The U.S. Supreme Court ruled in Buckley v American Constitutional Law
Foundation, Inc. (1999) that a prohibition on the use of paid circulators is unconstitutional.
The prohibition on paying for signatures has been moved to section 5.22.
Section 5.03. Further Regulations. The Council may provide by ordinance such
further regulations for the initiative, referendum or recall, not consistent with this Charter,
as it deems necessary. (Amended Bill 1982-20)
Section 5.04. Initiation of Measures. Any five residents of the City who are
registered voters may form themselves into a sponsoring committee for the initiation of a~
an
ordinance as permitted by section 5.01 of this Charter. Before circulating any petition
e#afl the committee must file an affidavit and its proposed petition
with the City Clerk;. The affidavit must state that a committee has
been formed, must contain, +nrv°+h°r ,.,;~~,~ the names and addresses as of the
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committee members ,and must be signed by each member of the
committee whose signatures must be verified by a notary public. they shatl The
committee must also attach a verified copy of the proposed ordinance to each of the
signature papers herein described, together with #~ei~ the committee members' names and
addresses as sponsors thereef. The ordinance must relate to only one subject which is
clearly expressed in the petition. Every circulator of a signature paper must be a resident of
the state of Minnesota
NOTE: This section has been modified to: (1) clarify that the sponsoring committee must
be composed of residents of the City; (2) refer to section 5.01 rather than re-list the types
of ordinances for which-initiative is not available; (3) require the sponsoring committee to
submit an affidavit with their signatures (You may want to consider adding the form -of that
affidavit in the charter); (4) add an express requirement that the ordinance must relate to
only one subject (which court decisions already require); (5) add a requirement that
circulators must be residents of the state of-Minnesota:- The Eighth Circuit Court has
upheld a similar residency requirement in Initiative & Referendum Institute v. Jaeger
(2001).
ADDED NOTE: At least two cities add a requirement that the proposed ordinance be
reviewed by the city attorney before the committee may circulate the petition. Another
requires the city clerk to approve the petition before it can be circulated. I have some
concerns about that type of provision and would prefer to discuss the concept with and
receive direction from the commission.
Section 5.05. Form of Petition and of Signature Papers. The petition for the
adoption of any ordinance s#atl must consist of the ordinance, together with all the
signature papers and affidavits #~erete attached. ~SY~ A petition is not ~e complete
unless signed. by a number of registered voters equal to at least five percent of the total
number of registered voters at the time of the last regular municipal election. All the
signatures need not be on one signature paper, but the circulator of every eu~ signature
paper s#atl must make an affidavit that each signature appended to the paper is the
genuine signature of the person whose name it purports to be. Each signature paper s~
must be in substantially the following form:
INITIATIVE PETITION
Proposing an ordinance to
the Purpose of the Ordinance). A certified a
#erete attached.
(Stating
Sponsoring Committee
copy of w#i6f~ the proposed ordinance is
This ordinance is sponsored by the following committee of City of Richfield residents who
are registered voters: -
CAH-226414v2 2
RCI45-17
Name Address
1.
2.
3.
4.
5. -
Instructions to Petition Signers
You are being asked to sign a petition You must-be-a -resident of, and a registered
voter in, the City of Richfield Every person signing this petition must do so in the
presence of the person circulating the petition. It is a criminal offense to sign a name
other than your own to the petition or to accept compensation for signing your
name to the petition.
The undersigned registered 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.
Date Legal Si_ nq ature Name ,(print legibly) Address ,(print legibly)
1.
2.
3.
(At-t„e-er~d-s~the-l+sTe#-s+gna#t~es~~latl ~ ^nn°^~'°~' *"° The affidavit of the circulator
m°n*i^n°r) ^h^v° must be attached at the end of each signature paper.)
NOTE: Many of the changes are for clarification or simpler wording. I presumed that by
last ""regular election" what was intended was the last regular municipal election. The
substantive change was to require a date and the printed name of each signer. The
commission may want to consider adding a form for the circulator affidavit. l also added
the headings in the form and the instructions to signers.
Section 5.06. Filing of Petition and Action Thereon. All the signature papers
must be filed in the office of the City Clerk as one instrument. Within #w2-(5-) ten. 10
working days after the filing of that petition, the City Clerk s~a~l must ascertain by
examination, the number of registered voters in the City whose signatures are a~peaded
#~erete attached and whether this number is at least f+ue fifteen percent (~ 15%) of the
CAH-226414v2
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total number of registered voters at the time of the last regular municipal election. The
validity of the signatures must be judged as of the day the petition was filed. If the
Clerk finds the petition d to be insufficient or irregular, the City Clerk s#al•I must at
once notify one or more of the sponsoring committee of that fact, certifying the reasons for
the finding. The committee shall then be given thirty (30) days in which to file additional
signature papers and to correct the petition in all other particulars. If at the end of that
period the petition is found to be still insufficient or irregular,,",°" "° ~'°~' "~~ the City
Clerk shall file the petition in the City Clerk's office and noti each member of the
committee sn°" "° ^^+~{~°~' of that fact "~~ +"° ~'~*~~ ~''°r'~. The final finding of the
insufficiency or irregularity of a petition ehafl does not prejudice the filing of a new petition
for the same purpose, -nor s#atl .does it prevent the Council from referring-the ordinance to
the voters at the next regular or special election at its option.
NOTE: This section has been modified to give the clerk 10 working days instead of 5 days
to complete review of the petition. Also, the charter specifies the date as of which the
signatures must be determined to be valid. 1. e., every signer must be a registered voter
and resident of the city as of the date the petition is submitted. The city council also
requested that the 5% requirement be changed to 15%. -The other changes are for simpler
wording.
Section 5.07. Action of Council on Petition. When the petition is found to be
sufficient, the City Clerk eh~aN must so certify to the Council at its next meeting, stating the
number of ^°+~+~ valid signatures on the petition and the percentage of the total
number of registered voters at the time of the last regular municipal election which they
constitute. The Council shall at once read the ordinance and may refer it to an
appropriate committee. The committee or Council must hold a
public "° hearing upon the ordinance; aft°r+h° h^Irlinn of ~~ih~nh +h° r~riJ~n~nn° ~h~ll
. After the public hearing, but not later than sixty-five
(65) days after the City Clerk submitted the ordinance to the
Council ,the Council must take final action on the ordinance. If the
Council fails to pass the proposed ordinance, or passes it in a form different from that set
forth in the petition and unsatisfactory to the sponsors, the proposed ordinance .~1'F~RiT must
be submitted by the., Council to a vote at the next regular municipal election, but if the
^~~°~~+;e ~.;~.~,~-~ number of valid signatures on the petition is equal to at least
#i#eeq twenty percent (~ 20%) of the total number of registered voters at the time of the
last regular municipal election, the Council must call a special election upon the
measure. Such special election must be held not less than tk~} fi 50 nor
more than sixty-five (65) days from date of final action on the ordinance by
the Council or, if there has been no final action, from a#er the expiration of sixty-five (65}
days from the date of submission to the Council ~•~"°^ +h°r° hoo h°°n .,,, fine ",+;,,.,, but if
a regular election is to occur within three months, the Council ~y must submit the
ordinance at that election. if the Council passes the proposed ordinance with
amendments and at least four-fifths (4/5) of the sponsoring committee do not express their
dissatisfaction with such amended form by a statement filed with the City Clerk, within ten
(10) days of the passage thereof by the Council, the ordinance need not be submitted to
the voters.
CAH-226414v2
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NOTE: Most of the changes are to simplify the wording. The deadlines for holding .the
election have been modified to avoid conflict with state law, which requires that notice of a
special municipal election be given to the county auditor at least 49 days before the
election. The city council requested that the 15% requirement be changed to 20%.
Section 5.08. Initiative Ballots. The ballots used when voting upon any such
proposed ordinance s~ must state the substance of the ordinance and must give
the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a
majority of the votes on any such ordinance are in favor of it, it chill +horo~ ~r~~n hon~mc
becomes an ordinance of the City. Any number of proposed .ordinances-maybe voted
upon at the same election,-but the voter sl~u must be-allowed to vote for or against each
separately. In case of inconsistency between two initiated ordinances approved at one
election, the one approved by the. higher percentage of voters voting on the question
+I revails to the extent of the inconsistency.
NOTE: The changes are forsimp/ification of wording.
Section 5.09. Amendment or Repeal. Any ordinance adopted by the vote of the
people cannot be repealed or amended except by the vote of the people or by the
unanimous vote of all members of the Council.
Section 5.10. Initiation of Charter Amendments. Nothing in this Charter shall be
construed as in any way affecting the right of the registered voters under the constitution
and .statutes of Minnesota to propose amendments to this Charter.
Section 5.11. The Referendum. If prior to the date when an ordinance takes effect
a petition signed by qualified registered voters of the City equal in number to tern fifteen
percent (a-A°~e 15%) of the total number of registered voters at the time of the last regular
municipal election is filed with the City Clerk requesting that any such ordinance be
repealed or submitted to a vote of the registered voters, the ordinance ~h,ll +horoh.. he is
prevented from going into operation. All the signature pages must be filed as one
instrument. The City Clerk must ascertain by examination the sufficiency of the petition
within ten (10) working days and must certify the results of that examination to the Council
at its next regular meeting. The Council e~ must thereupon reconsider the ordinance at
+~ r,o..+ roivi der moo+i„ry, and by majority vote either repeal or affirm the ordinance as
passed. If the. ordinance is affirmed, the Council s~ must immediately order a special
election to be held thereon, or submit the ordinance at the next regular municipal election,
pending which the ordinance c"~~~ rom'+in remains suspended. If a majority of the voters
voting on the ordinance is opposed to the ordinance, it s#al•I does not become effective;
but if a majority of the voters favor the ordinance, it takes effect immediately or
on the date therein specified.
NOTE.' This section has been changed to simplify wording. Relevant requirements from
5.06 have been incorporated. The city council requested that the 10% requirement be
changed to 15%.
CAH-226414v2
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Section 5.12. Referendum Petition. The requirements laid down in Sections 5.04
and 5.05 above as to the formation of committees, the form of petitions and signature
papers, and residency requirements for committee members and circulators, for the
initiation of ordinances shall apply to the referendum but with such changes as may be
necessary.
A referendum petition shall read substantially as follows:
REFERENDUM PETITION
Proposing the repeal -of -an ordinance to -(stating the
purpose of the ordinance}-a. A certified copy of w~isf~ the ordinance is #erete attached.
Sponsoring Committee -
The proposed repeal is sponsored by the following committee of City of Richfield residents
who are. registered voters:
1.
2.
3.
4.
5.
Name Address
Instructions to Petition Signers
You are being asked to sign a petition. You must be a resident of and a registered
voter in, the City of Richfield. Every person signing this petition must do so in the
presence of the person circulating the petition. It is a criminal offense to sign a name
other than your own to the petition or to accept compensation for signing your
name to the petition.
The undersigned qualified registered voters, understanding the nature of the
ordinance hereto attached and believing it to be detrimental to the welfare of the City,
petition. the. Council for its submission to a vote of the voters for their approval or
disapproval
Date Legal Signature Name (print legibly Address (print legibly
1.
2
3.
CAH-226414v2 6
RC145-17
(°~~~f '~°#-n°+~s-s",°'~-apyer~ded- t~x~°,~„~4t The affidavit of the
circulator.Y,°^+;^^°,+ ^h^"° must be attached at the end of the list of signatures.)
NOTE.- Most of the changes are to simplify wording. One substantive change is to add
the date and printed name of each signer to the form of petition. It also incorporates the
residency requirements added for committee members and circulators. I added the
instructions to signers in the petition form.
Section 5.13. Referendum Ballots. The ballots used in any referendum election
shall conform to the rules laid down-in Section 5..-08 of this ~harterfor initiative ballots.-
Section 5.14. The Recall. No less than 25 registered voters may form themselves
in a committee for the purpose of bringing about the recall of any Council Member
including the Mayor. If the committee seeks the recall of a district Council Member, the
registered voters constituting the committee s#afl must be from the Council Member's
district. The committee s~a#I must certify to the City Clerk the name of the Council
Member whose removal is sought, a statement of the grounds for removal in not more
than 250 words, and #~ei~ the committee's intention to bring about his or her recall. A copy
of this certificate s#a#I must be attached to each signature paper and no signature paper
s~ may be put into circulation previous to such certification.
The grounds as set forth in the recall petition must be predicated on one or more
charges of malfeasance, nonfeasance or both. For this purpose the word "malfeasance"
means the performance of an act by a Council Member in his or her official capacity that is
wholly illegal and wrongful and the word "nonfeasance" means the neglect or refusal,
without sufficient excuse, to do that which it is the Council Member's legal duty to do so.
NOTE.• Changes are to simplify wording.
Section 5.15. Recall Petitions. The petition for the recall of any Council Member
s#~a-N must consist of a certificate identical to that filed with the City Clerk together with all
the signature papers and affidavits thereto attached. All the signatures need not be on one
signature paper, but the circulator of every signature paper sly must make an affidavit
that each signature appended to the paper is the genuine signature of the person whose
name it purports to be. Every circulator of a signature paper must be a resident of the
state of Minnesota. Each signature paper s~ must be in substantially the following form:
RECALL PETITION
Proposing the recall of from the office as
which recall is sought for the reasons set forth in the attached certificate.
Sponsoring Committee
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This movement is 'sponsored by the following committee of registered voters eligible to
vote on candidates for that office..
1.
2.
Name Address
3.
[listing all members of the committee)
Instructions to Petition Signers
You are being asked to sign a petition. You must be a -resident of, and a registered
voter in, the City of Richfield. Every person signing this petition must do so in the
presence of the person circulatinc t~ he petition. It is a criminal offense to sign a name
other than vour own to the petition or to -accept compensation for signing your
name to the petition.
The undersigned registered voters, all being eligible to vote on candidates for that office,
understanding the nature of the charges against the Council Member herein sought to be
recalled, desire the holding of a recall election for that purpose.
Date Legal Signature Name (print legibly) Address (print legibly
1.
2.
3.
~+ +hc cnrl ref lic~~~.~~nn~ro~~n~l ho ~n~QOrl +he Ate,-1~+.,i+ The affidavit of the
rcc-crrc-crra--vim „ ,~ ,--per ca-mc,~a~a~vn
circulator must be attached at the end of the list of signatures.
NOTE.' Many changes are to simplify wording. The changes to the form of petition
(adding a date and printed name of each signer and instructions to signers) are also added
here. It also adds a requirement that circulators be residents of the state.
Section 5.16. Filing of Petition. Within thirty (30) days after the filing of the original
certificate, the committee s#atl must file the completed petition in the office of the City
Clerk. The City Clerk shat) must examine the petition within the next ~,~-ice, ten 10
working days and if the clerk finds it irregular in any way, or finds that the number of
signers is less than twenty-five percent (25%) of the total number of registered voters
eligible to vote on candidates for that office at the last preceding regular municipal election,
the City Clerk shah must so notify one or more members of the committee. The committee
shall then be given ten (10) days in which to file additional signature papers and to correct
the petition in all other respects, but the committee may not change the statement of
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the grounds upon which the recall is sought. If at the .end of that time the City Clerk finds
the petition still insufficient or irregular, the clerk s~ must notify all the members of the
committee to that effect and s~ file the petition in the City Clerk's office. No further
action shall be taken thereon.
NOTE.• This section has been changed to give the clerk 70 working days instead of 5 days
to review the petition. The other changes are to simplify wording.
Section 5.17. Recall Election. If the petition or amended petition is found sufficient,
the City Clerk s#afl must transmit it to the Council without delay, and s~ must also
officially notify the person sought-to be recalled of the sufficiency of the.petition-:and of the
pending action. If the Council Member sought to be recalled does not resign-within ten
(10) days after having been given such notice, the Council shall, at its next meeting
occurring more than ten (10) days after the receipt by the Council of the recall petition; by
resolution, provide for the holding-of a speciaF recall election not less than 38 50 nor more
than 45 75 days after such meeting, but if any other election is to occur within sixty (60)
days after such meeting, the Council may in its discretion provide for the holding of the
recall election at that time. If the special recall election involves a district Council Member,
the recall election sly must be conducted only within the district of such Council Member.
If it involves several district Council Members, the election must be conducted only
within the districts of such Council Members. If it involves a Council Member who is
elected at large, the election ehatl must be a City-wide election.
NOTE: Minor wording changes.
Section 5.18. Procedure at Recall Election. The City Clerk smolt must include with
the published notice of the election the statement of the grounds for recall and also, in not
more than 500 words, the answer of the Council Member concerned in justification of his
or her course in office. The election shad must be conducted as far as possible, in
accordance with the usual procedure in municipal elections.
NOTE: Minor wording changes.
Section 5.19. Form of Recall Ballot. The form of the ballot at such election shall
be: "Shall be recalled?" The name of the Council Member
whose recall is sought and his or her office shall be inserted in the blank. The electors
shall be permitted to vote separately "Yes" or "No" upon this question. If a majority of
those voting on the question of recall vote in favor of recall, the official shall be thereby
removed from office.
NOTE: The change inserts omitted words. This change can be made administratively, if
review of the original charter or amending ordinance shows that the omission of the words
was simply a clerical error.
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Section 5.20. Procedure to Fill Vacancy. In the event that a Council Member is
recalled by the electors or resigns after a petition has been filed for his or her recall, the
vacancy s~ must be filled in the following manner:
If less than six months remain in the Council Member's term of office at the time of
the recall election or at the time of resignation in response to a recall petition, as the case
may be, the vacancy must be filled by the remaining members of the City Council for
the unexpired term pursuant to Section 2.05.
If six months or more remain in the Council Member's term at the time of such recall
or resignation, the .Council. s#atl .must call a special election to fill ahe ..vacancy for the
balance of the Council Member's term. Such election ahafl must be called within ten (10)
days after such recall or resignation, and the special election s~ must be held not less
than tk8~ fifty (50) nor more than sixty (60) days after the meeting at which the
election is called.. Candidates to fill the unexpired term-s#al•I -must be nominated in the
usual way and the election chat{ must be conducted as far as possible in accordance with
procedures in municipal elections except that there shall be no primary election and the
candidate receiving the highest number of votes for the office shall be elected to fill the
unexpired term.
NOTE: Most of the changes are wording changes. The 30-day minimum deadline for
holding a special election was changed to 50 days in order to conform to state law.
Section 5.21. The term of the candidate selected by the voters at the regular or
special election to fill the unexpired term shall start as soon as the declaration of the
results has been filed with the City Clerk, and the person has qualified for office.
Section 5.22. Offenses; Penalty. It is unlawful for a person to'
a. sign a name other than that person's own name to an initiative referendum
or recall petition;
b. circulate an initiative or referendum petition without required attachments'
c. circulate an initiative referendum or recall petition when unqualified to do so'
d. sign an initiative referendum or recall petition when that person knows he
or she is not qualified to do so;
e. make a false affidavit in connection with an initiative referendum or recall
etp ition:
f. pay or offer to pay a person or receive payment or agree to receive
payment, for signing an initiative referendum or recall petition'
CAH-226414v2 10
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q. pay or offer to pay a person or receive payment or agree to receive
payment, on a basis related to the number of signatures obtained for
circulating an initiative, referendum, or recall petition. This subsection does
not prohibit the payment of salary and expenses for circulation of the petition
on a basis not related to the number of signatures obtained as long as the
circulators fully disclose all contributions received to the city clerk upon
submission of the petitions.
A violation of this section is a misdemeanor punishable in accordance with state
law.
NOTE This section identifies-offenses that are punishable as a-misdemeanor
offense. It is intended to prevent fraud. Paragraph (~ is taken from the repealed
section 5.02. Paragraph (g) is a modified form- of the prohibition on paying
circulators. The Eighth Circuit Court ofAppealshas-upheld the constitutionalityof a
requirement that circulators not be paid on aper-signature basis. Initiative &
Referendum Institute v. Jaeger (2001).
CAH-226414v2 11
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BILL NO.
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. Background; findings 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 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 filing_
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 sn~~~,-T
controls the financial affairs of the City, ~z.~-~n~ . The
Council must provide for the rp ompt collection of all revenues ii the
preservation of aed-et#er assets, iii the auditing °^~+ cett!e.~,~^t of C~
accounts, and Div) a~ the safekeeping and ~;s"w~; ce, , ,"~ rp open
disbursement of public monies.
DJK-224351v1
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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 a 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 'I°"ice law, the Council s#atl
n"l° +~"" ^^'•~°r +^ may provide by ~e resolution, preceded bx
notice and public hearing for a system of tesa#+ea local taxation. In the
taxation of real and personal property u° °~ ~^h +h° ~i+,• ~h.,II the system of
- local=taxation rnust~conforrn as #ully -as possfble-to-+"° a; state aw .,as
to in the ,~°°ccm°^+ valuation of s :property and the collection of-~#
the taxes.
2.05. Section 7.04 of the Richfield City Charter is repealed.
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. the
Ci+~a+~ager~ha;T of At a special budget meeting of the Council on or
before t~hc-fir~+ T,.°~,~^,• i~ September 15, the City Manager must submit
to the Council a proposed budget and afl-e~cate~y a budget message
in a the form and m,,,~,~ containing the information
specified in Section 7.06. ~'^r ~,.^h r+~ ~rr~^c° -.v,•-1 •++ ~i,^h .J.,+° u h°~ _~ ~~ ~r ~hc
r r
M V-C~i 1 1 TI'~
~hNll rt°+°rmin° In preparing the budget and the budget message the
Manager s~ must obtain from +h° h°^~ ^{ °~^h CSC department heads
information re arding ~ tne~,f~a~-astn~es+°+~~f proposed
expenditures
r~ues~-++~s~~'~-~;-e~+~at~n for the ensuing fiscal year and (ii)
capital projects e~ and capital expenditures '"'h'^h °uch ue~-.r+rY,°r,+ h° ,+
proposed to be undertaken in hie ^r h°r rJ°r,~.+m°.,+ fr~r
the ensuing budget year and in the ~e following four fiscal years
The Council s#a~l must r°„i oT'cv'~cv-•Z+rhr°c
es#+~ai°~sh~;; hold one or more informational 1=iea~gs #-bereee meetings
on the ro osed budget at which the public may provide comments and
may thereafter revise °c+~„~te: ; the proposed expenditures and capital
projects contained in the proposed budget document a~-fie-e~~h,-may
cl°°m ..rl..i~.,hl°
2.07. Section 7.06 of the Richfield City Charter is amended to read as follows:
Section 7.06. Form of Annual Budget. Subdivision 1. The budget
must contain a sen~ete financial plan for the
ensuing tget fiscal year. ~a-#isq-s#a.lt The financial plan must include:
{~} ~ a budget message, ~} ii a general summary of the financial plan,
fs} iii deta+le~ estimates of revenues applicable to
proposed- expenditures, and, {-d-} iv a~lE proposed expenditures. ~#e
DJK-224351v2
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2
~eye~ Proposed expenditures s#afl may not exceed #~e proposed
revenues. T#e Proposed expenditures for the general and specia!
revenue funds s#atl must ~ be listed by organization) unit or activity) and
ii sk+atl be in parallel columns opposite the major er and
minor object of the expenditure showing the amount of sus# expenditure
for the last se~lete~ fiscal year, the amount estimated for the current
met fiscal year and the proposed expenditures for the ensuing met
fiscal year. 1n f~inrle n+h°r+h^n The revenues attributable to each general.
and special r°~~:~ fund +h~r~s~ vn°nrli+i ~r°e Ch~±lrt must be
presented in a similar manner ~7'fA
~.~~ttnf +h° (~i+~i AA^n~+rr°r_ The ri+~i AA^n^^°r eh^II ~~ ~hrr~i+ .+ rl°+r+il°r!
statement of revenues +n-5e~-r~~^vnrT~9c°rnti°r^' ^crr-a~rtq-~;evi^~q;-r°~-w~°c~mc
_ ,~,fs f^r +h° asr~,p;tad-~+ssaa-ye^~z"e-a~ea~tisf~ed~e~th~
sufrudget-~ea~a-rid-~r"~af-~~~#~#+r~ate~e~#e n°„+ h,,,+ry°+ .,°
must include the source of and amount of miscellaneous
.revenues, the amount of surplus of prior fiscal year revenuesi and the
amount of revenues raised by property taxes in the prior fiscal year and
estimated to be raised in the current fiscal year. ~°~~~ +f~r
s~{~#-~g--aTTd ^~,"er~~d~s-~#~l ~e~Tesented; ;-Q~a~°~-°~~fe
#~,+ess~g~+a~-be-sate-b~rs#+I~essea~y+r~g-the--g°+ n
mho in +h° fnrm .+nM! ;,".nth v^n+°n+o ~+~ fr~lln~eic.
Subd. 2. The Budget Message_ - ~~ err°n+ nn°r^+i^ne, The budget
message may be submitted by-the 6+~ Manager as a separate document
but it must accompany the budget.
The message s#atl must contain the following elements.
Current operations. The budget message must explain the
budget. The message must contain an outline of the proposed financial
~el+sies osition of the City for the ensuing met fiscal year and s#atl
~~~°~mes+~r-R"eT~% the important features of the met
financial plan of the City. ',~#^" c°+ f^r+h +h° The message must give
reasons for major changes in expenditures and revenues from the
~ev+egs prior fiscal year +q-lest and Teven~e-iie~~°~~„~l: explain af>~
the rationale for major changes, if any, from previous +e financial try
policies of the CitX.
ii ~~geseag~-- Capital Improvements._ °c ^ n^r+ ^f +h°
met The message
rnrn~~~+^+~Tr~_~~~et~ tFte-+~K}a'~ar ~h^11 in~IN~` c~+ +°rv~°n+
must contain a description of pending and proposed capital projects-ate
n rni r°I^fin +n +h° r°cn°n+i~i° ~ ~n+~
ev~~a~+taa--~~esfs~ng-to--R,.-,~,~ ~-a~e~
~ s
together with estimates of the costs of
those proiects and the sources of funds to be used to pay for them.
DJK-224351v2
RC 145-17
iii '~~get-Mersa Capital Program.- The
sn°" °'^^ in^',,,+° in +"° message must contain, or ^++°^" +h°r°+^ have
attached to it, a Capital
Project Plan for the #+ve four fiscal years nex+ ~,'nn°°~'i^^ following the
fiscal year of the budget ~F_ The Capital Project Plan is to be prepared
by the n'nnnin^ nnrnmic~inn~~n~TG~~h~~ +nrY~~~-~~+ ~_ (`i+~,
td4~~ nnmm°n+c +h°r°nn ~n,-1 nrn, °~+imn+°~ of nnc+c nr°n~r°r+ by the
Manager after consultation with the department heads
~°r nffin° nr r•°n~Cnr~~~~~+h° r~lunninn nnrv~rr~ic ~in~n ~i,~~
rinrr e~ ~nh n~ni+.~1 nrnnrnm nnni°e of ,-l°n~rFm°n+nl °^+im^+°~ of
and any
informational meetings conducted under Section 7.05 ^~",,TU"''in',~,e~,~;;
_ __. ,.. ,.b~fil°ra u,i+h +h° nnmmi~~inn
iv) Miscellaneous. The Manager must attach °++,-~^h~~to or
include in the budget message sn°" "° ~, ~^" supporting schedules,
exhibits and other e~cn'~,aT,eter~r~~te~ri~i-ta respes~te f~et~i s~l~er~t
believed by the Manager
~h~ll h°li°"° „~°f„I +n +h° ~n„nnil to be appropriate and informative.
2.08. Section 7.07 of the Richfield City Charter is amended to read as follows:
Section 7.07. ^^^^ ° ^f L\nn~~~) Q,,,~ °+ Adoption of Budget. At
the conclusion of the special budget meeting; the Council s#atl must
da+°rrr~in° +h° nlon° ~nrl +im° of +h° set a public hearing on the budget; to
be held after~n^" ^°~ ~c° +^ h° published a notice o~~ e-+°~-a„a
pfaoe~r- n„h'i^~ „ri^^ +^ h° "°'.+ not less than seven ~S nor more
than #eu-rteee 14 days after the date of publication. The budget °"^'~„-h,~
nL,hlin r°nnrrl in +h° n{fir•n of +h° (~ih, (~I°r1~ nn°n must be kept available to
the public ' in the Clerk's office.
~~~}a~~-Ga~$-~Gfer~t-~~ ~ +n~-p•~e~°,-lca-~vTm'~ n +n i n cci a°~c
The public hearing on the budget ,,,°°+,~~-ae
~,J~,°rFic~°rr ~hnll h° h°Ir7 r! ~n~ ,+ frn +im° +n +im° ~+nr)
~~-~~~,~,~r«a~a add-r-r~ea-,TPm-rn„~, must be
conducted seas in a wav to give interested ^i+~ erp sons ^ r°.,°^n..h'°
an opportunity to be heard. The h~ ~~'^°+ °^+ir~,.,+°^ ^h~ll h° r°~+rl in +~~ JI .~. n,+
+h Manager e#atl must explain the various iterx~s elements +h~ of
the budget as fully as m^yis,.,^de'e}med necessary by the Council. ~e
Csees+l-s#aft-ade~t~e--f~~c~e--Eater-t," ^ nurrirtc°~a~+ .+.++° ° +.. h I i c h °rt h"
I"., fnr +h° r'n..n+„ e,,,+i+nr +n I°,,,, +^„°~ The budget resolution. l must
set #ert# out the total established for each ~ete~ fund and easy
department with such seg,~~~as-~-~es~ a~~~~se-s~f
e~~d+#~es--as-t-h~ee~+l other information ~ee~s deemed necessary
the Council. The budget resolution
must also state the amount of property and other taxes to be levied
to fund the budget.
2.09. Section 7.08 of the Richfield City Charter is amended to read as follows:
DJK-224351v2
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4
Section 7.08. Enforcement of the Budget. The £ Manager steal-I
must st~i6#~ enforce the provisions of the budget us c^°^if°,+ i^ +"°
r~iee. The Manager ~k-atl 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. ~e An officer or
employee of the City ebafk may not place a~ an srde~s order or make a~
a purchase except for the purposes authorized in the budget. A~ An
obligation incurred by ate} a person in the employ of the City for a~ a
purpose not in the approved budget or for a~ an amount in excess of the
an amount appropriated in the budget resolution or in excess of available
monies in a~ a fund of the City is a personal
- - .obligation-t~sr~_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 Adjusting the Budget. After the budget
°"^'~ has been adopted; the Council
not increase the amounts fixed in the budget resolution, by the insertion of
.new items or otherwise, ~ in an amount more than the estimated
revenues; unless the actual receipts exceed. the estimates and then. not
d more than the actual receipts. The Council may °+'+ •~.~" +'~r""r~c, by
resolution. °r'r,r^~~°~, "„ ^ f^„r-+i++h^ m~inri+v of i+~ m°mh°r~ reduce. the
sums appropriated for any purpose by the budget resolution. Within three
months following the close of the fiscal year, the Council, A# at the request
of the Manager, ~wTtht~ +-~-tas#-t~:~e-s-~#-tT e~:ea~ ~^~ ~^^i'
may transfer unencumbered appropriation balances for that fiscal year
from one office, department or agency to another within the same. fund.
~ Appropriations lapse at the end. of the budget year
to the extent that they slaa#I-rte have not been expended or ~w#u~j~
encumbered.
2.11. Section 7.10 of the Richfield City Charter is amended to read as follows:
Section 7.10. Emergency Appropriation in Budget. The Council
may include an emergency appropriation as a part of the budget but not
exceed more than three ercent of the total operating
appropriations made in the budget for that year. A transfer from the
emergency appropriation to a~-e#~e~ another appropriation sba~ may. be
made wee by resolution on recommendation of the City Manager or
a member of the Council ' . The funds
##u-s so appropriated ill may be used only for the purposes designated
by the Council.
2.12 Section 7.11 of the Richfield City Charter is amended to read as follows:
Section 7.11. Disbursements. How Made. ~P~s Except as otherwise
provided in this section. di°"„r^°,,,°^+ disbursements of City funds s#atl
be made a-xsegt o~ by check bearing the .actual or facsimile
DJK-224351v2
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5
signature of the Gi#~ Manager and the treasurer. PJe-suc#~ A check
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 +h~ of the claim. The
Council may by ordinance make further regulations for the safe-keeping
and disbursement of the funds of the City, including, the disbursement of
funds for the payment of bills and obligations by electronic means.
2.13. Section 7.12 of the Richfield City Charter is amended to read as follows:
- - -Section 7:12:.Funds to be wept.- There shatl <must.be-.maintained-in -
the City treasury the funds provided .for in this...
section.
Subdivision 1. General .Fund: The General Fund is established for
the payment of a-~ general government expenses and those obligations of
that the City deem deems. proper. Into this fund shafl
are to be paid afl monies not otherwise provided "°"~r~ by statutes er
~} ordinance or this Charter to be paid into any other fund.
Subd. 2. Liquor Special Revenue Fund: Other Special Revenue
Funds:_ A Li uor Special Revenue Fund is established aed into which
are to be paid ~ +h° nrnfi+c frnw, n~ ~hlin c°n,in° °n+°rnric°~ innli irlinn
th°~ frnw, +h° ~iry„nr ~+nr°, net revenues (i.e., gross revenues less
costs of operation, maintenance and pledged revenues) of the municipal
liquor store. (ii) proceeds #rem of special tax levies to support the fund,
and iii other special revenues so designated by the Council. T-~iek~he;l
Expenditures from the
Liquor Special Revenue Fund may be made only as authorized by the
budget resolution; Monies in the
fund may be s-sed expended for capital improvements of +- "~p~or
only if authorized #e-ESS~ n°rol nhlin~+inn
deeds-eel3F by ordinance. The Council may by resolution establish other
special revenue funds and provide for the expenditure of those funds.
_ Subd_ 3. Utility; Enterprise Funds:. One or
more utility or e#-her public service enterprise funds are to be established
into which sit are to be paid ^" m^^°~~ ~'°~ed f-rron'r °^''°,~„ds
mnn°~~ ,~ r1~Pe~K~,~h~J,~i ~f ~ ~+ilih, nr n,+~hT^r~1~6. °n+ rnric° °n,in°~
ors" ci inh ~ ~+ili+., nr °n+°rnric° (i) the gross revenues of the appropriate
utility or enterprise, (ii) the proceeds of the sale of assets of the utility or
enterprise, and (iii) the proceeds of bonds or other obligations issued for
the purposes of the utility or enterprise. Out of
each s#~+s fund are to be paid the sect costs, including the financing
costs of the purchase, construction, operation, maintenance and repair of
DJK-224351v2
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6
s~ the utility or enterprise,
~lin~++inn .~.hinh h~+v° hr~cn n~n^II h° ic•a~ ~°rl nn i+c onnni ~n+ and other
revenues as directed by the budget resolution. Separate funds e#afl must
be established and -kept for ^II „+ir+i°~ nr n„hli,. ~°n,i^° °n+°rnri~°c~ uihinh
^r° nn°r^+°,~ ~°n^r,+°I„ each separate utility or enterprise.
Subd. 4. Trust and Agency Funds:_ There are to be established
8ne 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, .-r}ot: _~otherwise
payable by the City-as compensation, incurred by the-Mayor and Councik
Members for the benefit of the City ~nr1 i+~ n°nnl°. Appropriations to and
expenditures from this fund °"°" ^^+ °vn°°.~I ~~nn n°r ..°°r are. in the
amounts fixed in the budget resolution. The Council may by resolution
establish the purposes and procedures for the making of disbursements
from this fund, including disbursements made without previous Council
authorization s#atl 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, ~"~h°n°~i°r +h° ('`n„nnil r!°°m~ i+ nrJ„i~nhl°~
{~ ~ one or more working capital or revolving funds, for financing self-
sustaining activities not accounted for through other funds; and {~ ii
.such other funds as may be required by s+°+~~~ law, ordinance or the
Charter.
Subd. 7. ~e 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 sl~t4 must
be .maintained on an accrual or modified accrual basis in accordance with
generally accepted. governmental accounting standards and procedures.
The Manager shaft must submit such reports as w+ll-be are necessary
+q-ewer to keep the Council fully informed of the financial condition of the
City. Once each year on or before +~~ h ~'~~ June 30, the City
Manager shalf must submit a complete financial report of the City for the
preceding fiscal year ending December 31, a summary of which shaft must
be published in the official newspaper. The Manager, under the
direction of the Council, on or before June 30 ^f °°^" ~~°^r shaft must
prepare at least one comprehensive public information report of the
financial affairs of the City. i~l rem^"~,-~-an infnrr»~+i~i° fiin°~ r!
The Manager must distribute the report to the
persons and organizations and in the manner deemed advisable by the
Manager
DJK-224351v2
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7
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, ee obligations s#al•I 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, fle-~+s#~ obligations e#a~l may not be
issued and sold without the approval of the majority of the r~~P~
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>queston-<preceded by
published notice ^"hlic her! ir, ~ r~o~"ior»r~or/c~\ colon+orl h.. +ho (~n~ ~nnil 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 s1~ m~ay
not exceed 90% of the total current taxes for the fund uncollected at the
time of issuance. Certificates s~tl 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 s#al-I 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:
Section 7.16. Emergency 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 mature within three years. A tax
sufficient to pay principal and interest on .such certificates '"ii+h +ho m,rni.,
must be levied as required by law. The resolution
authorizing an issue of such emergency debt certificates ~N 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:
DJK-224351v2
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g
Section 7.17. State Budget 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 day of
2003.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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9
DISCUSSION DRAFT
CHAPTER 7
TAXATION AND FINANCES
TAXATION AND FINANCE
Section 7.01. Council to Control Finances. The Council shall have full authority
over the financial affairs of the City, and shall ,proovide for the collection of all revenues
and other assets, the auditing and settlement of accounts and the safekeeping and
disbursements of public monies.
Section 7.01. Council to Control Finances. The Council controls
the financial affairs ofithe City. The Council must provide for (i) the prompt
collection of revenues, ii the preservation of assets, iii) the auditing of
City accounts, and (iv) the safekeeping and proper disbursement of public
monies.
Section 7.02. Fiscal Year. The fiscal year of the City shall be the calendar year.
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 by state legislation, the Council shall have full power to provide by
ordinance for a system of location taxation. In the taxation of real and personal property
as such, the City shall conform as fully as possible to the general state law as to the
assessment of such property and the collection of such taxes.
Section 7.03. System of Local Taxation. Subject to the state
constitution and except as forbidden by it or by state law, the council may
provide by resolution, preceded by notice and public hearing for a system
of local taxation. In the taxation of real and personal property the system
of local taxation must conform as fully as possible to state law in the
valuation of property and the collection of the taxes.
NOTE: Notice and hearing before the adoption of a tax ordinance
would probably take place anyway since it is probably constitutionally
required. It seems desirable to include that requirement here. The
commission should be aware that the possibility of the City being able to
use this provision in the foreseeable future and beyond is about zero.
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Section 7.04. Board of Equalization. The Board of Equalization shall consist of
the members of the Council and two residents of the City appointed for a one year term
by the City Manager and approved by the Council. The two resident members shall be
experienced- in real estate matters and shall receive such compensation as the Council
may determine. The Board of Equalization shall equalize assessments of property for
taxation purposes according to law. As soon as any real estate has been reassessed,
the affected property owner shall be notified by the assessor of the. amount of the
change and the reasons therefor.
Section 7.04. Repealed.
NOTE: The final sentence of existing section 7.04 is outdated.
State law (Minn. Stat. Chapter 274) -provides that no one's property
valuation may be raised by the board without prior notification. There
seems to be no good reason to notify a property owner of a reduction in
valuation; and under the existing language, a wholesale reduction in
valuation would require notice to all property owners. It should be-noted
that the valuations approved by the Board are all subject to review by the
County Board of Equalization.
The requirement for two resident members is probably unique. It is
doubtful that such members are required since almost all of the technical
data on valuation is supplied by the City and County Assessors. if the
members are retained, a term should be specified.
The city council recommended that this section be repealed. The
effect of doing so will be that the city council will serve as the Board of
Equalization, unless the city council delegates its duties to the county as
provided by Minnesota Statutes § 274.01.
Section 7.05. Preparation and Submission of Annual Budget. The City Manager
shall, at a special budget meeting of the Council on or before the first Tuesday in
September, submit to the Council a budget and an explanatory budget message in a
form and manner as prescribed in Section 7.06. For such purpose and at such date as
he or she shall determine, the City Manager shall obtain from the head of each
department the character, object and details of proposed expenditures together with
such other supporting data as he or she may request, including an estimate of all capital
projects or capital expenditures which each department head considers should be
undertaken in his or her department for the budget year and the next five years. In
preparing the budget the City Manager shall review the estimates, shall hold hearings
thereon. and may revise estimates, as he or she may deem advisable. (Amended Bill
1990-13)
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Section 7.05. Preparation and Submission of Annual Budget. At a
special budget meeting of the Council on or before September 15, the City
Manager must submit to the Council a proposed budget and a budget
message in the form and containing the information specified in Section
7.06. In preparing the budget and the budget message, the Manager
must obtain from City department heads information regarding (i)
proposed expenditures for the ensuing fiscal year, and (ii) capital projects
and capital expenditures proposed to be undertaken in the ensuing budget
year and in the following four fiscal years. The Council must hold one or
more informational meetings on the proposed budget at which the public
may provide comments and may thereafter. revise _ the -proposed
expenditures and -capital projects contained in -the- proposed--budget
document.
NOTE: The projection of capital projects is changed from the
existing five years to four. Four plus the present fiscal year. makes for a
more standard five-year capital improvement program.
The deadline for submitting the proposed budget to the council has
been changed to September 15, which is the same date as that provided
by state law for the submission of the preliminary levy. The deadline
established in this section is actually meaningless while the state Truth in
Taxation Law remains in effect. Under the new section 7.17, the city
would follow state law requirements for preparation of its budget and not
the deadlines in the charter. But the September 15 deadline is retained
here, in case the Truth in Taxation law is ever repealed.
The city council requested .that the requirement for the manager to
hold public hearings be changed to a requirement that the council hold
informational hearings.
Section 7.06. Form of Annual Budget. The budget shall provide a complete
financial plan of all funds for the budget year, which shall include: (a) a budget
message, (b) a general summary, (c) detailed estimates of all anticipated revenues
applicable to proposed expenditures, and, (d) all proposed expenditures. The proposed
expenditures shall not exceed the proposed revenues. The expenditures for general
and special revenue funds shall be by organization unit or activity and shall be in
parallel columns opposite the character and major or minor object of expenditure
showing the amount of such expenditure for the last completed fiscal year, the amount
estimated for the current budget year and the proposed expenditures for the ensuing
budget year. In funds other than general and special revenue, the proposed
expenditures shall be presented in an understandable manner according to the
discretion of the City Manager. The City Manager shall submit a detailed statement of
revenues in columns for the general and special revenue funds for the last completed
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fiscal year, the amount established for the current budget year and the amount
estimated for the next budget year. Such detail shall include the source of
miscellaneous revenues, the amount of surplus of prior year revenues and the amount
raised by property taxes. Revenues for self-supporting and other funds shall be
presented in an understandable manner according to the discretion of the City Manager.
The explanatory budget message may be separate but still accompanying the budget,
and be in the form and with contents as follows: (Amended Bilt 1990-13)
Section 7.06. Form of Annual Budget. Subdivision 1. The budget
must contain a financial plan for the ensuing fiscal year. The financial plan
must include: U a budget message, (ii) a general. summary of the
financial plan, iii) -estimates of revenues applicable to proposed
expenditures, and Lv) proposed expenditures. Proposed expenditures
may not exceed proposed revenues. Proposed expenditures for the
general and special revenue funds must {i)-be listed by-organization, unit
or activity, and ii be in parallel columns opposite the major and minor
object of the expenditure showing the amount of expenditure for the last
fiscal year, the amount estimated for the current fiscal year and the
proposed expenditure for the ensuing fiscal year. The revenues
attributable to each general and special fund must be presented in a
similar manner. The statement of revenues 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.
Budget Message -Current Operations: The budget message submitted by the
City Manager for the Council shall be explanatory of the budget, shall contain an outline
of the proposed financial policies of the City for the budget year and shall describe in
connection therewith the important features of the budget plan. It shall set forth the
reasons for major changes from the previous year in cost and revenue items and shall
explain any major changes in financial policy.
Budget Message -Capital Improvements: As a part of the budget message with
relation to the proposed expenditures for capital projects stated in the budget, the City
Manager shall include a statement of pending capital projects and proposed new capital
projects, relating to the respective amounts proposed to be raised therefor by
appropriations in the budget and the respective amounts, if any, proposed to be raised
therefor by the issuance of bonds during the budget year.
Budget Message -Capital Program: The City Manager shall also include in the
message, or attach thereto, a capital program of proposed capital projects for the five
fiscal years next succeeding the budget year, prepared by the planning commission, if
such there be, together with the City Manager's comments thereon and any estimates of
costs prepared by the department of public works or other office or department. For the
use of the planning commission in preparing such capital program, copies of
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departmental estimates of capital projects, filed with the City Manager pursuant to
Section 7.05 of this article, shall be filed with the commission. (Amended Bill 1990-13)
Attached to the budget message shall be such supporting schedules, exhibits
and other explanatory material, in respect to both current operations and capital
improvements as the City Manager shall believe. useful to the Council.
Subd. 2. The Budget Message. The budget message may be
submitted by the Manager as a separate document but it must accompanx
the budget. The message must contain the following elements.
(i) Current operations. The budget message must
explain the budget. The message must contain an outline of
the proposed financial position of the City for the ensuing
fiscal year and the important features of-the financial plan of
the City. The message must give reasons. for major changes
in expenditures and revenues from the prior fiscal year and
explain the rationale for major changes, if any, from previous
financial policies of the City
(ii) Capital Improvements. The message must contain a
description of pending and proposed capital projects
together with estimates of the costs of those projects and the
sources of funds to be used to pay for them.
(iii) Capital Program. The message must contain. or have
attached to it, a Capital Project Plan for the four fiscal years
following the fiscal year of the budget. The Capital Project
Plan is to be prepared by the Manager after consultation with
the department heads and any informational meetings
conducted under Section 7.05.
NOTE: The city council requested the deletion of the
requirement that the Capital Project Plan be presented to the
planning commission.
(iv) Miscellaneous. The Manager must attach to or
include in the budget message supporting schedules.
exhibits and other data believed by the Manager to be
appropriate and informative.
Section 7.07. Passage of Annual Budget. At the special budget meeting, the
Council shall determine the place and time of the public hearing on the budget, and
shall cause to be published a notice of the time and place of the public hearing to be
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held not less than seven days nor more than fourteen days after publication. The budget
shall be a public record in the office of the City Clerk open to public inspection by
anyone. The City Manager shall cause sufficient copies to be prepared for distribution
to interested persons and civic groups. The budget meeting as advertised shall be held
and adjourned from time to time and conducted so as to give interested citizens a
reasonable opportunity to be heard. 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 Council shall adopt the budget no later than the last date
established by law .for the County Auditor to levy taxes. The budget resolution shall set
forth the total for each budgeted fund and each department with such segregation as to
objects and purposes of expenditures as the Council deems. necessary.:for purposes of
budget control Such resolution shall also state the amount of taxes to be levied.
Section 7.07. Adoption of Budget. At the conclusion of the special
budget meeting the Council must set a public hearing on the budget to be
held after published notice not less than seven nor more than 14 days
after the date of publication. The budget must be kept available to the
public in the Clerk's office. The public hearing on the budget must be
conducted in a way to give interested persons an opportunity to be heard.
The Manager must explain the various elements of the budget as fully as
is deemed. necessary by the council. The budget resolution must set out
the total established for each fund and department with such other
information deemed necessary by the Council. The budget resolution
must also state the amount of property and other taxes to be levied to fund
the budget.
NOTE: See proposed new section 7.17, which recognizes that the
budget adoption and tax levying procedures in the Charter must conform
to the State "truth in taxation laws': If these laws are repealed, the
Charter procedure at sections 7.05 through 7.07 would control.
Section 7.08. Enforcement of the Budget. The City Manager shall strictly
enforce the provisions of the budget as specified in the resolution. The City Manager
shall 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. No officer or employee of the
City shall place any orders or make any purchase except for the purposes authorized in
the budget. Any obligation incurred by any person in the employ of the City for any
purpose not in the approved budget or for any amount in excess of the amount
appropriated in the budget resolution or in excess of available monies in any fund of the
City may be considered a personal obligation upon the person incurring the expenditure.
(Amended Bill 1990-13)
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Section 7.08. Enforcement of .the Budget. The Manager must
enforce the provisions of the budget. The Manager 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. An officer or
employee of the City may not place an order or make a purchase except
for the purposes authorized in the budget. An obligation incurred by a
person in the employ of the City for a purpose not in the approved budget
or for an amount in excess of an amount appropriated in the budget
resolution or in excess of available monies in a fund of the City is a
personal obligation of the person incurring the expenditure.
Section 7.09. Altering or Adjusting the Budget. After the budget shall have been
duly adopted, the Council shall have no power to increase the amounts fixed in the
budget resolution, by the insertion of new -items -or-otherwise, beyond the estimated
revenues, unless the actual receipts exceed the estimates and then not beyond the
actual receipts. The Council may at any time, by resolution approved by a four-fifths
majority of its members, reduce the sums appropriated for any purpose by the budget
resolution. At the request of the Manager, within the last three months of the fiscal year,
the Council may transfer .unencumbered appropriation balances from one office,
department or agency to another within the same fund. All appropriations shall lapse at
the end of the budget year to the extent that they shall not have been expended or
lawfully encumbered.
Section 7.09. Altering or Adjusting the Budget. After the budget
has been adopted the Council may not increase the amounts fixed in the
budget resolution, by the insertion of new items or otherwise, in an amount
more than the estimated revenues unless the actual receipts exceed the
estimates and then not more than the actual receipts. The Council may by
resolution reduce the sums appropriated for any purpose by the budget
resolution. Within three months following the close of the fiscal year, the
Council, at the request of the Manager, may transfer unencumbered
appropriation balances for that fiscal year from one office, department or
agency to another within the same fund. Appropriations lapse at the end
of the budget year to the extent that they have not been expended or
encumbered.
Note: The requirement of a four-fifths majority of the Council to
reduce budget allocations is removed: there seems to be no good reason
for this requirement. The budget itself is adopted by a simple majorityand
extraordinary majority vote requirements promote minority rule by giving
extraordinary weight to the one additional vote needed for passage.
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It should be noted that this 4/5th's rule is a common requirement in
city charters and is the rule in statutory, (non-charter) cities. But the rule
has been included in the League of Cities Model Charter since it was first
prepared some 60 years ago when reasons for it may have been more
evident. The_rule is somewhat like the "QWERTY" phenomenon on the
typewriter keyboard which everyone agrees is cumbersome but repeated
attempts to rearrange the keys have not been successful.
City staff requested the change to allow accounts to be reconciled
within three months after the close of the fiscal year.
Section 7.10. Emergency Appropriation in Budget. -The Council may include an
emergency appropriation as a part of the budget-but not exceed three per centum of the
total operating appropriations made in the budget for that year. A transfer from the
emergency appropriation to any other appropriation shall be made only upon
recommendation of the City Manager or a member of the Council and by a majority vote
of the Council. The funds thus appropriated shall be used only for the purposes
designated by the Council.
Section 7 10 Emergency Appropriation in Budget The Council
may include an emergency appropriation as a part of the budget but not
more than three percent of the total operating appropriations made in the
budget for that year. A transfer from the emergency appropriation to
another appropriation may be made by resolution on recommendation of
the City Manager or a member of the Council. The funds so appropriated
may be used only for the purposes designated by the Council
Section 7.11. Disbursements. How Made. No disbursement of City funds shall
be made except by check bearing the actual or facsimile signature of the City Manager
and the treasurer. No such check shall 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 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 thereof. The Council may by ordinance make further regulations for the
safe-keeping and disbursement of the funds of the City.
_ Section 7.11. Disbursements. How Made Except as otherwise
provided in this section, disbursements of City funds may be made only by
check bearing the actual or facsimile signature of the Manager and the
treasurer. A check 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 of the claim
The Council may by ordinance make further regulations for the safe-
keeping and disbursement of the funds of the City including the
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disbursement of funds for the payment of bills and obligations by
electronic means.
NOTE: Strictly read, the existing language does not permit
payments by credit card or wire transfer, an increasingly common practice.
The new language assumes that the City Council will carefully
circumscribe the practice while permitting its use when essential.
Section 7.12.. Funds #o be Kept. There shall be maintained .in the City. treasury
the funds provided for in the following subdivisions:
Section 7.12. Funds to be Kept. Section 1. There must be
maintained in the City treasury the funds provided for in this section
Sub. 1. General Fund: The General Fund is established for the payment of all
general government expenses and obligations of the City as the Council may deem
proper. Into this fund shall be paid all monies not otherwise provided herein, or by
statute or by ordinance to be paid into any other fund.
Subdivision 1. General Fund: The General Fund is established for
the payment of general government expenses and those obligations that
the City deems proper. Into this fund are to be paid monies not otherwise
provided by statute, ordinance or this Charter to be paid into any other
fund.
Sub. 2. Special Revenue Fund: A Special Revenue Fund is established and into
which shall be paid the profits from public service enterprises, including the profits from
the liquor store, proceeds from special tax levies and other special revenues. There
shall be paid out of this fund monies for such purposes as authorized by the budget
resolution; provided, however, that such monies may be used for capital improvements
of the type for which the. City would be authorized to issue general obligation bonds only
by ordinance.
Subd. 2. Liquor Special Revenue Fund Other Special Revenue
Funds. A Liquor Special Revenue Fund is established into which are to
be paid (i) net revenues (i.e., gross revenues less costs of operation
maintenance and pledged revenues) of the municipal liquor store (ii)
.proceeds of special tax levies to support the fund and (iii other special
revenues so designated by the Council. Expenditures from the Liquor
Special Revenue Fund may be made only as authorized by the budget
resolution. Monies in the fund may be expended for capital improvements
only if so authorized by ordinance. The Council may by resolution
establish other special revenue funds and provide for the expenditure of
those funds.
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NOTE: The term "profits" is not appropriate for municipal
enterprises. The new definition of "net revenues" is uniformly recognized
in governmental accounting.
It is doubtful that all "profits" (i.e., net revenues) of the water, sewer
and storm sewer utilities are presently paid into this fund. If this is
desirable, it may be done by the Council under (iii) "other special
revenues'; or by the budget resolution.
The "provided" language is not helpful. The City is authorized by
law (and this Charter) to issue general obligation bonds for any capital
purpose: the requirement for an ordinance seems unnecessary since the
ordinance would not be subject to referendum.
City staff requested clarification that this- section does not prohibit
the city from establishing other special revenue funds with non-liquor
funds.
Sub. 3. Utility or Other Public Service Enterprise Funds: One or more utility or
other public service enterprise funds into which shall be paid all money derived from the
sale of bonds issued on account of any municipally owned utility or enterprise and all
money derived from the sale of utility or other public enterprise services and from the
sale of any property acquired for or used in connection with any such utility or
enterprise. There shall be paid out of this fund the cost of the purchase, construction,
operation, maintenance and repair of such utility or enterprise, including the principal of
and interest upon obligation which have been or shall be issued on its account.
Separate funds shall be kept for all utilities or public service enterprises which are
operated separately.
Subd. 3. Utility: Enterprise Funds. One or more utility or public
service enterprise funds are to be established into which are to be paid (i)
the gross revenues of the appropriate utility or enterprise ii) the proceeds
of the sale of assets of the utility or enterprise and (iii) the proceeds of
bonds or other obligations issued for the purposes of the utility or
enterprise. Out of each fund are to be paid the costs including the
financing costs, of the purchase, construction, operation maintenance and
repair of the utility or enterprise and other revenues as directed by the
budget resolution. Separate funds must be established and kept for each
separate utility or enterprise.
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NOTE: The present language does not require revenues of utilities
and enterprises to be paid to an appropriate fund.
Sub. 4. Trust and Agency Funds: 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. 4. Trust and A ency Funds: There are to be established
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
Sub. 5. Discretionary Fund. A Discretionary Fund is established for payment of
reasonable and necessary expenses, not otherwise payable by the City, incurred by the
Mayor and Council Members-for-the benefit of the City and its-people. Appropriations to
and expenditures from this fund shall not exceed $500 per year. The Council may by
resolution establish the purposes and procedures for the making of disbursements from
this fund, but disbursements made without previous Council authorization shall be
subject to audit and allowance by the Council. (Amended Bill 1968-16, Bill 1990-13)
Subd. 5. Discretionary Fund. A Discretionary Fund is established
for payment of reasonable and necessary expenses not otherwise
savable by the City as compensation, incurred by the Mayor and Council
Members for the benefit of the City. Appropriations to and expenditures
from this fund are in the amounts fixed in the budget resolution The
Council may by resolution establish the purposes and procedures for the
making of disbursements from this fund. including disbursements made
without previous Council authorization and those disbursements are
subject to audit and allowance by the Council.
NOTE: It is probably not a good idea to include a dollar figure for
this fund. $500 in 2010 is a good deal different than $500 in 1990.
It is possible to set a figure with a cost of living adjustment, but that
seems unnecessary for such a small item that most city councils police
with great attention.
Sub. 6. In addition to the foregoing funds, there may be maintained in the City
treasury, whenever the Council deems it advisable; (1) one or more working capital or
revolving funds, for financing self-sustaining activities not accounted for through other
funds; and (2) such other funds as may be required by statute or ordinance.
Subd. 6. In addition to the foregoing funds there may be
maintained in the City treasury (i) one or more working capital or revolving_
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funds, for financing self-sustaining activities not accounted for through
other funds; and (ii) such other funds as may be required by law
ordinance or the Charter.
Sub. 7. The Council may make interfund loans by resolution where permitted by
law except from Trust and Agency funds.
NOTE: No changes made in Sub. 7.
Section 7.13. Accounts and Reports. The accounts of the City shall be
maintained on an accrual or modified accrual basis in accordance with generally
accepted governmental accounting standards and procedures. The City Manager shall
submit such reports as will. be necessary in order to keep the Council fully informed of
the financial condition of the City. Once each year on or before the 30th day of June,
the City Manager shall submit a complete financial report of the City for the preceding
fiscal year ending December 31, a summary of which shall be published in the official
newspaper. The City Manager, under the direction of the Council, on or before June 30
of each year, shall prepare at least one comprehensive public information report of the
financial affairs of the City. Said report shall be an informative type, and shall be
distributed Citywide. (Amended, Bill No. 2002-2}
Section 7.13. Accounts and Reports. The accounts of the City
must be maintained on an accrual or modified accrual basis in accordance
with generally accepted governmental accounting standards and
procedures. The Manager must submit such reports as are necessary to
keep the Council fully informed of the financial condition of the City Once
each year on or before June 30. the City Manager must submit a complete
financial report of the City for the preceding fiscal year ending December
31, a summary of which must be published in the official newspaper The
Manager, under the direction of the Council on or before June 30 must
prepare at least one comprehensive public information report of the
financial affairs of the City. The Manager must distribute the report to the
persons and organizations and in the manner deemed advisable by the
Manager.
NOTE: This section was recently amended to extend the date of
the Manager's report. But what happens if for whatever reason the City's.
auditors don't complete their work by that. date? Would it be better to
leave the date of reporting and publication to the Manager? What is the
difference between "a complete financial report" and a "comprehensive
public information report"? Are two reports necessary? if one is published
is the further distribution required by the last sentence necessary?
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Section 7.14. City Indebtedness. Except as provided in Sections 7.15 and 7.16,
no obligations shall 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 such obligations shall be issued and sold
without the approval of the majority of the .registered 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 notice published in a newspaper(s) selected by the Council not more than
28 days nor less than 14 days prior to the hearing. (Amended Bill_No. 1993-7
Section 7.14. City Indebtedness. Except as provided in Sections
7.15 and 7.16, 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 limitations prescribed by law
Except in the case of obligations for which an election is not required by
this Charter or by state law, obligations may not be issued and sold
without the approval of the majority of the 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 not more than 28
days nor less than 14 days prior to the hearing,
NOTE: The public hearing requirement of the last sentence is rare
in charters if not unique. In the normal case, there is extensive public
discussion and input to the Council before such an election. There is no
similar requirement in state law.
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 shall not exceed 90% of the total current taxes for the fund uncollected at the
time of issuance. Such certificates shall 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 shall be irrevocably pledged for the redemption of the certificates in the order of
their issuance against the fund...
.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
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levied for anv fund and not yet collected. The total amount of certificates
issued against anv fund for any year with interest thereon until maturity
may not exceed 90% of the total current taxes for the fund uncollected at
the time of issuance. Certificates. 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 Citx
must be irrevocably pledged for the redemption of the certificates in the
order of their issuance against the fund.
Section 7.16. Emergency 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 years. A tax sufficient
to pay principal and interest on such certificates with the margin required by law shall be
levied as required by law. The resolution authorizing an issue of such emergency debt
certificates shall state the nature of the emergency and be approved by a majority of the
Council.
Section 7.16. Emergency 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 mature within three years A tax sufficient
to pay principal and interest on such certificates must be levied as
required by law. The resolution authorizing an issue of such emergency
debt certificates must state the nature of the emergency and be approved
by a majority of all the members of the Council
NOTE: This section duplicates existing law in Minnesota Statutes,
Section 475.754, except for (i) the two year maturity; and (ii) the fact that
certificates issued under the Charter are within the City's debt limit. There
is no harm in leaving the section (as revised) but it could be removed
without doing violence to the Charter.
NEW SECTION 7.17.
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Section 7.17. State Budget 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.
NOTE: This section recognizes that the budget adoption and tax
levying procedures in the Charter must conform to the State "truth in
taxation laws". if these laws are repealed, the Charter procedure at
sections 7.05 through 7.07 would control
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