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2001-11-07 AgendajtICI~IELD CHARTER CONIlVIISSION MEETING Wednesday, Nu.:.mber 7, 2001 Richfield City Hall - Heredia Room 7:00 PM AGENDA Call to Order Roll Call Approval of Minutes Report of Committees Charter Revision Committee Bylaws Revision Committee New Business Discuss changes to Charter Section 7.13 to Charter Discuss addition of Section 13.13 to Charter Discuss changes recommended by Duke Addicks Adjournment • C H A R •T E R E D 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com CORRINE H. THOMSON Attorney at Law Direct Dial (612) 337-9217 Email: cthomson@kennedy-graven.com October 5, 2001 Paul Muilenberg Richfield Charter Commission 6707 Second Avenue Richfield, MN 55423 RE: Proposed Charter Amendments • Dear Paul: This follows our meeting recently regarding possible amendments to the Richfield City Charter. Enclosed are two amendments that the city council has asked the Charter Commission to consider. The first concerns an amendment to section 7.13 of the City Charter. The charter currently requires a financial report to be submitted to the city council no later than April 10. Because an audited report is never available by the April 10 deadline, for the past several years the staff has presented an unaudited report to the council prior to April 10, followed by presentation of an audited report at a later date. Because the first report is unaudited, it has limited usefulness to the council, and the council asked that the date be revised to later date. A proposed form of amendment is enclosed for the commission's consideration. The second amendment would add a new provision to the charter, authorizing the city to establish administrative penalties for violations of city ordinances. Several cities have adopted similar amendments to their charters, including the Cities of Minnetonka, Bloomington, and Brooklyn Park, among others. Instituting an administrative penalty system has various advantages, including: It de-criminalizes the violation of the city ordinances. Offenders are not required to appear at Hennepin District Court to respond to a criminal citation before a judge, but are able to appear at city hall to have their matter heard by a hearing officer. The process is less intimidating and stigmatizing. • CAH-203977v1 RC145-17 Paul Muilenberg October 5, 2001 Page 2 of 2 2. Matters are handled with t have crowded dockets, v more serious crimes befc higher priority on violent who are directly impacted focused only on the ordin~ time and attention that they deserve. The county courts ;re zoning ordinance violations pale in comparison to the court. While the courts understandably place a mes, ordinance violations are important matters to those ~ them. The administrative hearing officer's attention is e matter that is before him or her. Penalties are paid to the by the court are split bet When criminal citations are issued, any fines imposed the county and the city. An ordinance amending the charter to add!I a new section 13.13 is enclosed for the commission's consideration. I have also enclosed for your information a sample copy of an ordinance (in this case, Brooklyn Park's) that implements the charter provision. If the. charter amendment is adopted, the staff will ask the city council to consider an ordinance similar to the one enclosed. The city council requested only the er identified other changes that the commiss. wording changes in Chapter 7, to clarify the state Truth in Taxation requirements. changes, please let me know. sed charter amendments. However, our office has may want to consider. These include grammatical and charter and to bring the charter into conformance with the commission is open to considering those types of I would be happy to meet with the Sincerely, n 1/ v f~ N . Conine H Thomson CHT:jms Enclosures cc: Samantha Orduno (w/encs) to discuss further the matters raised in this letter. CAH-203977v1 RC145-17 BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING CHAPTER 13 OF THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION REGARDING ADMINISTRATIVE FINES AND PENALTIES 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 adding a New Section to Chapter 13 of the charter and recommended to the City Council that the New Section 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 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; filing. 2.01.. The Amendment as proposed by the Charter Commission is adopted.. 2.02. Anew section 13.13 is added to the Richfield City Charter; the text of the Amendment is as follows: a. Section 13.13. Fines and Penalties. b. Subdivision 1 The council may establish by ordinance a procedure for imposing an administrative penalty for any violation of the City Code or a City ordinance The procedure must provide that any person charged with an administrative penalty will receive notices of violations and an opporturnty to be heard by a neutral party which may be the city council. The procedure may authorize the City to use the services of a non-Gifu employee to decide whether an administrative penaltyshould be imposed. c. Subdivision 2 The City Council may provide by ordinance that unpaid administrative penalties be collected as a special assessment against property which was the subject matter or related to the subiect matter, of the 2.03. This or sixty (60) dad signed by the City Clerk, thi; the question c 2.04. On the to file copies Hennepin Co penalty or against th ^ e property which was the location of an activity ro ased use deh a of Ci service or other circumstances that resulted in the enal .The or finance must rovide that the Ci will first attem t to obtain volunta a m nt of the ena The ordinance must also rovide that notice and an opp ~ rtunity to be heard will be given to the property owner listed on the official taxi records before the penalty is assessed. dinance is effective nin ety (90) days after its publication, except that if within -s after publication a petition requesting a referendum on this ordinance, number of registered voters of the City required by the Act is filed with the ordinance will not be ~ffective until approved by 51 % of the voters voting on ~f its adoption at the spe cial election called by the Council for that purpose. effective date of the A endment, the City Clerk is authorized and directed f the Amendment with ~he Secretary of State of the State of Minnesota, the nty Recorder, and the o u City Clerk's office together with the certificate required by Section 410.11 of the Passed by the City Council of 2001. City of Richfield, Minnesota this day of Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City C • .BILL NO. - - AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 7.13 AND CHAPTER 7 OF THE RICHFIELD CITY CHARTER; AMENDING DEADLINE FOR SUBMISSION OF FINANCIAL REPORT BY CITY MANAGER 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 Chapter 7 of the charter and recommended to the City Council that the Amendmeritbe 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 contained. a brief .description of the nature and scope of ~ ~~ -the Amendment. All-per-sons des-firing 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: filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. - 2.02. The. text of the Amendment is as follows: a. Section 7.13 of the City Charter is amended to read as follows: 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 a-8~' 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 shal~be published in the official _ newspaper.. The City Manager, under the direction of the ..Council,: on or. . _- _ before A~-~A June 30 of each -year, shall prepare.: at <feast one . - comprehensive public information report: of the financial affairs of the -City , - _ _ _ Said report shall be an informative type, and shall be distributed -Citywide: 2.03. This ordinance is effective nin~ty (90) days after its publication, except that if within sixty (60) days after publication a petitior~ squesting a referendum on #his 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 of fective until approved by 51 % of the voters voting on the question of its adoption at the spe~Cial 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 fiche 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 2001. City of Richfield, Minnesota this day of Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk American Legal Publishing. rags i vi , Brooklyn Park, MN Code of Ordinances Search: TITLE IIi: ADMINISTRATION ~---'-"'- CHAPTER 37: ADMINISTRATIVE PENALTIES _ __ Searchf Search Qnline Library Search Current Code CHAPTER 37: ADMINISTRATIVE PENALTIES Document Section Previous Page 37.01 Purpose Next Page 02 37 Administrative citations and civil penalties tents f C . 03 37 Administrative offenses; schedule of fines and fees on Table o svnci,ror,ize contents . 37.04 Administrative citation 05 37 Administrative hearing rr,rnes . 37.06 Administrative review ~e,~ t 37.07 Judicial review rn~r ai~ci, 37.08 Recovery of civil penalties °"1e 37.09 Criminal penalties 37.10 Applicable laws • • http://209.48.87.250/brooklyn~ark_mn/lpext.dll/In.../312?f=templates&fn=altmain-nfhtm&2. 10/4/01 American Legal Publishing Search: Searchl Search Qnline Library Search Current Code Document Previous Page Next Page Table of Contents 5vnchronize Contents Fr~ranes Help ~is~laimer 'r1 r3,Tt~ Brooklyn (Park, MN Code of Ordinances III: ADMINISTRATION Page 1 of 1 37: ADMINISTRATIVE PENALTIES § 37.01 The C of enforc been the negative inherent resent b violations use of adn a leaitima which ma, ('72 Code, ty Council finds that there is a need for alternative methods ng the city code. While criminal fines and penalties have Host frequent enforcement mechanisms, there are certain onsequences for both the city and the public. The delay i that system does not ensure prompt resolution. Citizens ing labeled criminals for violations of administrative ~. The higher burden of proof and the potential of on do not appear appropriate for most administrative The criminal process does not always regard city code as important. Accordingly, the City Council finds that the iinistrative citations and the imposition of civil penalties is :e and necessary alternative method of enforcement. This enforcement is in addition to any other legal remedy be pursued for city code violations. § 903:10) (Ord. 1998-881, passed 7-22-98) http://209.48.87.250/brooklyn~ark_mn/lpex~~t.dll/In.../31 f?f=templates&fn=altmain-nfhtm&2. I 10/4/01 American Legal .Publishing M Search• • .Search( Search Online Library Search Current Code Document Previous Page Next Page Table of Contents Synchronize Contents I"rames Help Di,cErrir~~er Homes • rage i of i Brooklyn Park, MN Code of Ordinances TITLE III: ADMINISTRATION CHAf~TER 37: ADMINISTRATIVE -PENALTIES § 37.02 ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES. This chapter governs administrative citations and civil penalties for violations of the city code. ('72 Code, § 903:20) (Ord. 1998-.881, passed 7-22-98) http://209.48.87.250/brooklyn~ark_mn/lpext.dll/In.../322?f=templates&fn=altmain-nfhtm&2. 10/4/01 American Legal Publishing Search: Searchl Search Online Library Search Current Code Document Previous Page Next Page Table of Contents Svnchronize Contents Frames tieln ~1isClairr~er ~dom~. Page 1 of 1 Brooklyn dark, MN Code of Ordinances TITLE III: ADMINISTRATION CHAPTER 37: ADMINISTRATI~fE PENALTIES § 37.03 ADMINISTRATIVE OFFENSES; SCHEDULE OF FINES AND FEES. (A) A violation of any provision of the city code is an administra ive offense, which may be subject to an administrative citation and civil penalties pursuant to this subchapter. Each day a violation a fists constitutes a separate offense. (B) An administrative offense may be subject to a civil penalty not exceeding $2,000. (C) The City Council must adopt by resolution a schedule of recommen ~ ed fines for offenses initiated by administration citation. The City ~ ouncil is not bound by that schedule when a matter is appealed to it for administrative review. City Council may adopt a schedule of fees to be paid ve hearing officers. to admini The City Manager must adopt written procedures for fig the administrative citation program. 903:40) (Ord. 1998-881, passed 7-22-98) (E) administer ('72 Code, http://209.48.87.25 0/brooklyn~ark_ ./325?i=-templates&fn=altmain-nfhtm&2. 10/4/01 American Legal Publishing- Search: Search! Search Online Library Search Current Code Document Previous Page Next Page Table of Contents Synchronize Contents i=rames ragc i vi ~ Brooklyn Park, MN Code of Ordinances TITLE III: ADMINISTRATION (`HAPTER 37: ADMINISTRATIVE. PENALTIES § 37.04 ADMINISTRATIVE CITATION. (A) A person authorized to enforce provisions of the city code may issue an administrative citation upon belief that a code violation has occurred. The citation must be issued in person or by first class mail to the person responsible for the violation or attached to the motor vehicle in the case of a vehicular offense. The citation .must state the date, time, and nature of the offense, the identity of the person issuing the citation, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation. Help Disciaimer (B} The person responsible for the violation must either pay the scheduled fine or request a hearing within seven days after issuance r~"me of the citation. Payment of the fine constitutes admission of the violation. A late payment fee of 10% of the scheduled fine amount will be imposed in accordance with § 37.08. ('72 Code, § 903:50) (Ord. 1998-881, passed 7-22-98) • • http://209.48.87.250/brooklyn~ark_mn/lpext.dll/In.../330?f=templates&fn=altmain-nfhtm&2. 10/4/01 American Legal Publishing Page 1 of 3 BrooklynJpark, MN Code of Ordinances Search: TITLeI III: ADMINISTRATION Search! CHAPTER 37: ADMINISTRATIVE PENALTIES __ Search online Library § 37.05 ADMINISTRATIVE HEARING. Search Current Code i (A) The City Council must periodically approve a list of Document persons, f~om which the City Manager or designated agent will Previous Page randomlySelect a hearing officer to hear and determine a matter for which a hearing is requested. A person who has been issued a Next Page citation h~ the right to request, no dater than five _days before the Table of Contents date of th e hearing, that the assigned hearing officer be removed synchronize Contents i from the (case. One such request for each case will be granted rrames automatically by the City Manager or designated agent. A subse uent t t b di d Hein q reques mus e recte to the assigned hearing officer >~isciain,er who will decide whether the hearing officer can fairly and objectively review the case. The person issuing the citation may ~'°n1e request the removal of a hearing officer only if the hearing officer cannot fairly and objectively review the case. If such a finding is made, the officer must remove that officer from the case, and the City Manager or designated agent must assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by M.S. § 609.415. The hearing officer must not be an employee of the city. The City Manager or designated agent must establish a procedure for evaluating the competency of the hearing off cers, including comments from citizens and city staff. These reports must be provided to the City Council. (B) Upon the hearing officer's own initiative or upon written request of an interested party demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material t ~ the matter being heard. The party requesting the subpoena is responsible for serving the subpoena in the manner provided for civil actions and for paying the fees and expenses of any witness. A person served with a subpoena may file an objection with the he~~aring officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. A person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena is guilty of a misdemean~l r. Alternatively, the party requesting the subpoena may seek an order from district court directing compliance. (C) Notice of the hearing must be served in person or by mail on the per~ison responsible for the violation at least ten days in advance, unless a shorter time is accepted by all parties. At the hearing, -the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence do not apply. The hearin~ officer must record the hearing and. receive testimony and exhibit's. The officer must receive and give weight to evidence, including reliable hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct http://209.48.87.25 0/brooklyn~ark_mn/lpext.dlllln.../33 5?f=templates&fn=altmain-nfhtm&2. .10/4/01 American Legal Publishing rage ~ of ~ of their affairs. • (D) The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or' waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the heanng officer may consider any or all of the following factors: (1) The duration of the violation; (2) The frequency or recurrence of the violation; (3) The seriousness of the violation; • (4) The history of the violation; (5) The violator's conduct after issuance of the notice of hearing; (6) The good faith effort by the violator to comply; (7) The economic impact of the penalty on the violator; (8) The impact of the violation upon the community; and (9) Any other factors appropriate to a just result. (E) The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that the violation caused a senous threat of harm to the public health, safety, or welfare or that the accused intentionally and the unreasonably refused to comply with the code requirement. The hearing officer's decision and supporting reasons must be in writing. (1) The failure to pay the fine or request a hearing within seven days after the citation, or the failure to attend the hearing, constitutes a waiver of the violator's rights to an administrative hearing and is an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of "good cause": death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause" does not include: forgetfulness and intentional delay. • (2) The decision of the hearing officer is fmal without any further right of administrative appeal, except for matters subject to administrative review under § 37.06. In a matter subject to administrative review under § 37.06, the hearing officer's decision may be appealed to the City Council by submitting a request in writing to the City Manager or designated agent within seven days after the hearing officer's decision. ('72 Code, § 903:60) (Ord. 1998-881, passed 7-22-98) http://209.48.87.250/brooklyn~ark_mn/lpext.dll/In.../335?f :templates&fn=altmain-nfhtm&2. 10/4/01 American Legal Publishing rage i of i .Brooklyn Park, MN Code of Ordinances Search: TITLE III: ADMINISTRATION '~ S ch! a CHAPTER 37: ADMINISTRATIVE PENALTIES ~ , r e search online library § 37.06 ADMINISTRATIVE REVIEW. Search Current Code (A) The hearing officer's decision in any of the following Do~-,ment matters may be appealed by a party to the City Council for Previous Page administrative review: ,veXt Pale (1) ~ alleged failure to obtain a permit, license, or other Table of c°ntents approval from the City Council as required by an ordinance; Synchronize Contents ~rarrses (2) Ari alleged violation of a permit, license, other approval, ~~~ip or the conditions attached to the permit, license, or approval, which ~,;;{,~,;m~.,- was granted by the City Council; and }'?Oiit Y. (3) An alleged violation of regulations governing a person or entity, who has received a license granted by the City Council. (B) The appeal must be heard by the City Council after notice served in person or by registered mail at least ten days in advance. The parties to the hearing must have an opportunity to present oral or written arguments regarding the hearing officer's decision. (C) The City Council must consider the record, the hearing officer's decision, and any additional arguments before making a determination. The Council is not bound by the hearing officer's decision, but may adopt all or part of the officer's decision. The Council's decision must be in writing. (D) If the Council makes a finding of a violation, it may impose a civil penalty not exceeding $2,000 per day per violation, and may consider any or all of the factors contained in § 37.05(D). The Council may also reduce, stay, or waive a fine unconditionally or based on reasonable and appropriate conditions. (E) In addition to imposing a civil penalty, the Council may suspend or revoke any city issued license, permit, or other approval associated with the violation, if the procedures in the city code have been followed. Any hearing required in the city code for such suspension or revocation is deemed satisfied by the hearing before the hearing officer with the right of appeal to the City Council. ('72 Code, § 903:70) (Ord. 1998-881, passed 7-22-98) • http://209.48.87.250/brooklyn~ark_mn/lpext. dll/In.../3 56?f=templates&fn=altmain-nfhtm&2. 10/4/01 American Legal Publishing Search: Searchi __ Search Online Library Search Current Code Document Previous Page Next Page `fable of Cantents Synchronize Contents Frames help JisclaimE>.r F±on~~~ Page 1 of 1 Brooklyn Nark, MN Code of Ordinances TITLE~II: ADMINISTRATION C, APTER 37: ADMINISTRATIVE PENALTIES § 37.07 J An ag€ the hearini ('72 Code, DICIAL'REVIEW. ieved party may obtain judicial review of the decision of officer or the City Council in accordance with state law. ~ 903:80) (Ord. 1998-881, passed 7-22-98) !, http: //209.48.87.250/brooklyn~ark_mn/lpe~t.dll/In.../3 67?f=templates&fn=altmain-nfhtm&2. 10/4/01 American Legal Publishing Page 1 of 1 - Brooklyn Park, MN Code of Ordinances Search: TITLE III: ADMINISTRATION .Search! CHAPTER 37: ADMINISTRATIVE PENALTIES Search online Library § 37.08 RECOVERY OF CIVIL PENALTIES. Search Current Code (A) If a civil penalty is not paid within the time specified, it Document constitutes: Previous Page rveXt Page (1) A personal obligation of the violator iri all other. situations; and Tab!e of Contents syncnr°i,ize e°nte"ts (2) Alien upon the real property upon which the violation F ra noes occurred if the property or improvements on the property were the ~~i~ subject of the violation and the property owner was found r~~s~~~i~e~ responsible for that violation. ~ionie (B) Alien may be assessed against the property and collected in the same manner as taxes. (C) A personal obligation may be collected by any appropriate legal means. (D) A late payment fee of 10% of the fine will be assessed for each 30-day period, or part thereof, that the fine remains unpaid after the due date. (E) During the time that a civil penalty remains unpaid, no city approval will be granted for a license, permit, or other city approval sought by the violator or for property under the violator's ownership or control. (F) Failure to pay a fine is grounds for suspending, revoking, denying, or not renewing a license or permit associated with the violation. ('72 Code, § 903:90) (Ord. 1998-881, passed 7-22-98) • http://209.48.87.250/brooklyn~ark_mn/lpext.dll/In.../3 6a?f--templates&fn=altmain-nfhtm&2. 10/4101 American Legal Publishing Page 1 of 1 Brooklyn dark, MN Code of Ordinances Search TITLE . Searctr! CI III: ADMINISTRATION JIAPTER 37: ADMINISTRATIVE PENALTIES Search Online Library § 37.09 C RIMINAL PENALTIES. Search Current Code The fol lowing are misdemeanors, punishable in accordance with Document state law: Previous Page (A) Failure, without good cause, to pay a fine or request a Next Page heanng wi thin 30 days after issuance of an administrative citation. Table of Contents - S~nchronize Contents (B) Failure, without good cause, to appear at a hearing which rr~'~-'~5 was sched~ led under § 37.05. Help Disc9aimer (C) F ailure to pay a fine imposed by a hearing officer within 30 H o n, e days after t was imposed, or such other time as may be established by the he p ing officer, unless the matter is appealed under § 37.06. (D) Failure to pay a fine imposed by the City Council within 30 days ~ fter it was imposed, or such other time as may be established by the City Council. ('72 Code, § 903:100) (Ord. 1998-881, passed 7-22-98) http://209.48.87.250/brooklyn~ark_mn/lp~xt.dll/In.../3 7b?f-templates&fn=altmain-nfhtm&2. 10/4/01 American Legal Publishing Page 1 of 1 Brooklyn Park, MN Code of Ordinances Search • • TITLE III: ADMINISTRATION ~ search! CHAPTEr. 37: ADMINISTRATIVE PENALTIES Search Online Library § 37.10 APPLICABLE LAWS. Search Current Code Where differences occur between provisions of this chapter and Document other applicable code sections, this chapter applies. Previous Page ('72 Code, § 903:110) (Ord..1998-881, passed 7-22-98) Next Page Table of Contents Svnthronize Contents Frames iieip Di,clairrfer Home • • http://209.48.87.250/brooklyn~ark_mn/lpext.dll/In.../3 86?~-templates&fn=altmain-nfhtm&2. 10/4/01 r)r RICHFIELD CHARTER COMMISSION /Charter Revision Subcommittee MEETING SUMMARY 02-27-01 Sect No. Title Duke Addicks Notations Presentation Notations (JMA) 2.03 Elective Officers Underlined sentence None Question: What is the problem with this sentence? Chq: T#~e-e#fises-ef tThe three district Council Members shall be elected from apportioned Council districts in which they reside. 2.04 Incompatible Offices Reword /clarify Different than most /good idea Chy: ... no former member shall be appointed to any paid appointive office or employment, (under-?) the City, wish-wer-e [the remuneration for which wasj increased. during the Council Member's term in office. Question: Opinion of change? 2.05(2)(vii) Vacancies None Odd, but good (specific) Chq: punctuation -~ ...Council Member, without good cause, io... Question: Is the period of 90 days reasonable, or should it be longer? Question: "good cause" Per GU: Precedent of good cause =not "calling-in" one's absence (calling-in is an indication of interest). 2.06/Sub.1 The Mayor None None Spelling Chg: pro temp [temJ 3.01 Council Meetings re: "Special meetings" -Violates Open Notice: State Law: 4-2 -~ 72 hrs Mtg law M.S.13D.04/Subd.2 Question: How does this violate the law? What is law? Do sentences violate -two members calling special meeting? / number o1 hours prior to meeting? /process of notice? /additional notice required? Question: Any suggestions for different wording? 3.04 Ordinance, Resolutions Underlined sentence None Ask Duke: problem w/sentence? and Motions Question: What is problem with underlined sentence? Discussion: Quorum is 3 members. When only 3 members are present, no vote can be valid unless all 3 present vote aye or no (must be tabled). If all 3 present vote aye or no, vote is valid because it represents a majority (3) of all Council members. ?? Question: Is above conclusion accurate? Discussion: "...except as otherwise provided in this Charter." - If this exception refers to the "super-rnajority" needed for initiatives, referendums and recalls in Chapter 5, they should be stated here or refer to specific, applicable sections. If this exception refers to something else, what is it? D; ~ ~ ~- ,Sect No. Title Duke Addicks Notations Presentation Notations (JMA) 3.09 When Ordinances/Resolutions Underlined sentence - "?" and "why" 30-days (date of publication or date of vul~>>) Take Effect: Question: "Why" what? Any suggestions for different wording? Question: Is problem "...exclusive of day of publication,..." ? - If so, clianae:...qubliFatien-[passage]... Ask Don Priebe: Does he know what this means? Chapter 5 INITIATIVE, REFERENDUM AND RECALL 5.01 Powers Reserved by thePeople Question: Reword? {Also: References to exceptions noted in 5.04 below are incomplete.) 5.02 Expenditure by Petitioners Question: Does this section violate State law or the 1 Sc Amendment (free speech)? 5.04 In_i_tiation of Measures State case law limifs types of ordinances. a. Citizens can't ask to change "administrative" ords, which may be initiated nor budgetary, tax levies, zoning. b. Council may rezone by ord/by authority from estate c. Nor resolutions (only ordinances /law)-?? d. City Clerk decides what is valid for recall - uestion: What does case law say? What other ordinances are excluded? Add other exceptions (limitations by State law) be listed? (zoning, administrative, others) What are "administrative" ordinances? _ Find: All references to exceptions. Ask City Clerk: Does she. know what d. note above means? How is the proposed ordinance "verified"? 5.05 Form of Petition and of Signature Papers Question: What is an "affidavit" in this context? PETITIONS uestion: Who/what. is "circulator mentioned above"? - (initiating group?) (Continue at 5.06) ~ , ,., .. .~. Charter Revision Committee of the Richfield Charter Commission 2/27/01 MEETINGNOTES The meeting began at 7:00 pm Committee Members Present: Jan Anderson, John Easterwood Committee Members Absent: Joe Novak, Paul Muilenberg Visitor Present: Gertrude Ulrich It was determined that the committee would proceed as follows: o Briefly discuss each section, make minor corrections (punctuation, etc.), and comment on notes from the October presentation by the League of MN Cities. (Attached is a summary of progress achieved so far} o Solicit comment on the Charter from City Council members as well as "old timers" from past city governance. (Draft letter attached) o After first review of the Charter, proceed to a more in-depth study of the wordin and g intent of each section, search for known inconsistencies with State statutes, and review comments from our solicitation letter. o Invite Duke Addicks from the League of MN Cities to attend a meeting to review our work. The meeting ended at 8:40 pm. • /G ' - __. - :_ ~: ,. " CHAPTER 2 ~ ° ~a v i ' ; - FORM OF GOVERNMENT ~ '~ ~~~ i .. Form of Government. The form of government established by -this Charter is r Section 2.01. ~~ na er Plan . The Council shall exercise the legislaoif the dministrative branch the ~~Council-Ma 9 The City Manager shall be the head . determines all matters of policl-. vernment and shall be responsible to the Council for the proper administration of a( - of the City g° affairs relating to the City. s and Commissions. There shall be no separate ad ssionaeixcept for Section 2.02. Board other administrative board or comm of health, library board, park board or any ' Service Commissions and boards and for the administ~t{he duties antd exercise the existing Civil another political subdivision. The Coun onShalThe ICounc Id may, however, establish boards or powers of such boards and COmmissl ' ns to advise the Council with respect to any municipal ions~on or activity, to investiga e commissio any subject of interest to the City, or to perform quasi-~udlcial funs four. tion 2.03. Elective Officers. The Council shall be co fpfcesdof Mayoayaridaatlarge Sec Council Members, all of whom shall be registered~votThe offices of the three district Council Council Member shalt be filled by election at larg... be elected from apportioned Council districts in which t thyMa ioe and theaCounctl Members shalt the Council Members shall each bh succeed rag fouruyeaas and the district Council Members Member at-large in 1994 and. eac d in 1992 and each succeeding four years. The regula foethe full term of officemoccues. oA electe January 1 next following the general election at which hallo ing election and while candidate for the office of district Council Membes she s e ec ed'IeWithinintwo years after each serving in office within the district from which he ordinance establish compact and contiguous Council shall by United States Census the City e a ortioned by population as nearly equal as practicilbinottThand sou Districts sha distracts to b pp be Eastern, Central and Western Richfield with dividing lines genera y (Amended Bill 1992-10) 4. Incom atible Offices. No member of the Council shall be appointed City Section 2.0 _____? - er nor shall any member hold any paid municipal office of employment under the City; an Manag , 'I one ear after the expiration of the member's term as Maio rment under the Cityrwh ch weee unti Y aid appointive office or emp y member~shall be appointed to any p ~~ ~ t~ y~~~s- increased Burin he Council Member's term in office. (Am~enode ~ i141u~ 3) L~~ c,~Q r I ~-sr Section 2.05. Vac_ a._._ n_• Subdivision 1. Exi_ Ce• 1 A vacancy shall exist as of the date of death or resign stein ible be~ausie of anyeof O (2) As soon as it is determined that a Council Membe 9 the following reasons: (i) the failure of any person elected to the Cou ounc~l n the yea~follofwi g the date of the second regular meeting of the C year of election; (ii) the Council Member ceasing to be a resident of the City; - 7/15/96 A. 2 RICHFIELD CITY CHARTER . _---- __ . - ~ __ y.-` ~~~, - CHAPTER 3 5 %y~',~ ily,,~,~7 Qb j G~ S ~ - :1a, ~3~,a~~ . PROCEDU E OF COUNCIL ~ ~i~` t~~ ~S , I .Section 3.01. Council Mess. On municipal election, the Council shall meet at ,,~ meetings. At this time the newly elected ~ Thereafter, the Council shall meet at such tir or resolution. The Mayor or any two membE Council upon at least twelve hours notice to delivered personally eac member or be some responsible person. All meetings of tr access to the minutes and records thereof at ~e first business day of January folio he usual place and time fob the hotc embers of the Council shali~assum es each month as may be pre~cribec ~s of the Council may call special rr ;ach member of the Councl . uch eft at the Member's usual place of Council shall be public, and .any citi II reasonable times. (Amended Bill 1 ring a regular ~_ ng of Council their duties. ~ by ordinance :etjlgs of the otice shall b esidence with :en shall f~av i90-13) Section 3.02. Secretary of Council. Tt shall keep a journal of Council proceedings a as may be required by this Charter or as the other officers and employees as may be nece City Clerk the Council may designate any o' Manager or a member of the Council) to act (Amended Bill 1990-13) Section 3.03. Rules of rroceaure ar and order of business. A majority of all me smaller number may adjourn from time to ti by which a minority may compel the attenda e City Clerk shall act as secretary. of the Council and id such other records and perform such other duties council may require. The Council shall choose such ssary to serve at its meetings. In the 'absence of the her official or employee of the City (except the City secretary of the Council Quorum. The Council shall determine its own rules hers shall constitute a quorum to do business, but a ~e. The Council may by ordinance provide a means ;e of absent members. '~ Section 3.04. Ordinance Resolutions and Motions. Except as otherwise provided in this Charter, all legislation shall be by ordinance. The aye and no vote on ordinances, resolutions, and motions shall be recorded. An affirmative vofie of a majority of all the members of the Council shall be required for the passage of all ordinances) and reso u Ions, except as otherwise~sd in his ~~r. Section 3.05. Procedure on uramar the words "City of Richfield does ordain". ordinance except an emergency ordinance and at least fourteen (14) days shall elapse (Amended Bill 1981-33, Bill No. 1998-5) .Section 3.06. Emergency urama~ necessary for the immediate preservation of which the emergency is defined and dec unanimous vote of the Council Members provisions of any emergency ordinance un unless the person charged with violation hac the act or omission complained of. ~s. The enacting clause of all ordinances shall be in Every ordinance shall be presented'', in writing. No gall be passed at the meeting at which it is introduced etween its introduction and its final passage. ces. An emergency ordinance is! an ordinance the public peace, health, morals, safety, or welfare in ared in a preamble thereto, and is', adopted by a present. No prosecution shall be based upon the it 24 hours after the ordinance has been published, actual notice of the passage of the ordinance prior to RICHFIELD CITY CHARTER A.6 ', 7/21/98 cedure on Resolutions. Every resolution shall be presented in writing by any member of the Council, shall be read in full before a vote is taken n 3.pg. Si~nin4 and Publication of Ordinances and Resolutions. Every ordinance or passed by the Council shall be signed by .the Mayor, or acting Mayor, attested by the and filed and preserved. Every ordinance shall be published at least once in the official Section 3.09. When Ordinances and Resolutions Take Effect. A resolution and an emergency ordinance shall take effect immediately upon its passage or at such later date as is fixed in it. Fver~c~ther___nrdinance shall take effect after the thirtieth (30) day, exclusive. of day of ~ ~~~~ publicaticn~ or at such later date as is_fixed therein. Every ordinance adopted by the voters of the ~, City shall take effect immediately upon its adoption, or at such a later time as fixed therein. (Amended Bill 1974- 7) Section 3.10. Amendment and Repeal of Ordinances. Every ordinance repealing a previous ordinance, section, or subdivision thereof shall give the number, if any, and the title of the ordinance to be repealed in whole or in part. No ordinance, section, or subdivision thereof shall be amended by reference to the title alone. Such an amending ordinance shall set forth in full each section or subdivision to be amended and shall indicate new matter by underscoring and old matter to be omitted by lining it through. In newspaper publication of ordinances the same indications of omitted and new matter shall be used except that italics or bold-faced type may be substituted for underscoring and omitted matter may be printed in capital letters within ~rentheses. (Amended Bill 1982-4) Section 3.11. Codification and Publication of Ordinances. The City shall codify and publish an ordinance code in books, pamphlets or continuous reference loose leaf form. Copies shall be made available by the Council at the office of the City Clerk for general distribution to the public free or at a reasonable charge. Section 3.12. Manner of Publication of Ordinances. If the City Council determines that publication of the complete text of an ordinance is not worth the expense and that a summary would clearly inform the public of the intent and effect of the ordinance, the Council may by a unanimous vote direct that only the title of the ordinance and a summary be published with notice that printed copies of the ordinance are available to any person during regular office hours at the c~~ice of the City Clerk and any other location which the Council designates. Prior to the publication of the title and summary, the Council shall approve the text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance. (Amended Sii 1981-33) • RICHFIELD CITY CHARTER A. 7 7/15/96 5 DU 0~•~5 01. Mowers rceserveu es the powers, in accordance witf• nom, except an ordinance appropri nest such an ordinance when passed ~ approval or disapproval and to recall elec initiative, referendum and recall, respective Section 5.02. Expenditures by Pe' recall committee, no circulator of a signatu person, shall accept or offer any rewa connection with the circulation thereof, bl. legal advice and from incurring any exp printing, and notarial fees. Any violation of (Amended Bill 1992-10) Section 5.03. Further Regulations. regulations for the initiative, referendum c necessary. (Amended Bill 1982-20) Section 5.04. Initiation of Measure sponsoring committee for the initiatio l~ money or authorizing the levy of taxes. B of their proposed ordinance with the C members of such committee. They shall each of the signature papers herein dE sponsors thereof. Section 5.05. Form of Petition and any ordinance shall consist of the ordinarn thereto attached. Such petition shall not voters equal to at least five percent of the regular election. All the signatures need rn such paper shall make an affidavit that E signature of the person whose name it substantially the following form: INI ---~ w the People. The people of Richfield_ reserve to'~,~ the provisions of this .Charter, to initiate and adopt any ting the money or authorizing the levy. of taxes, to the Council to be referred to the registered voters for ed public officials. These powers shall be called the /. (Amended Bill 1982-20) loners. No member of any initiative, referendum, or paper, and no signer of any such paper, or any other i, pecuniary or otherwise, for service rendered in this shall not prevent the committee from paying for nse not to exceed $400.00 for stationery, copying, ~e provisions of this section is a misdemeanor. The Council may provide by ordinance such further r recall, not consistent with this Charter, as it deems ~ _~ u~l eve-regi red'voters may form themselves into a ra"n 'Jordinances•~e cept any ordinance appropriating or~'circulating any petition they shall file a verified copy Clerk, together with their names and addresses as r lso attach a verified copy of the proposed ordinance to cribed, together with their names and addresses as of Signature Papers. The petition for the adoption of e, together with all the signature papers and affidavits .e complete unless signed by a number of registered otal number of registered voters at the time of the last t be on one signature paper, but the circulator of every 3ch signature appended to the paper is the genuine purports to be. Each signature paper shall be in TIVE PETITION Proposing an ordinance to ~, Purpose of the Ordinance) a copy of which''I ordinance is hereto attached. This ordinance is sponsored by the followi committee of registered voters: (Stating the RICHFIELD CITY CHARTER _ ',, A. 10 7/15/96 lly as follows: al of an ordinance to which ordinance is hereto attached... ~e of registered voters: (stating the purpose of the The proposed repeal is sponsored- by - Address ~~2. 3. „ 4. 5. 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. Name Address . 1. 2. 3. (At the end of the fist of signatures shall be appended the Affidavit of the circulator mentioned ~bove) 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 Charter for initiative ballots. Section 5.14. The Recall. No less than 25 registered voters may form themselves in a committee for fhe 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 shall be from the Council Member's district. The committee shall 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 intention to bring about his or her recall. A copy of this certificate shall be attached to each signature paper and no signature paper shall 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 ember's legal duty to do so. ~)~ ~~ ,~ ~ ~-$ ~} 5~~~ ~~Se RICHFIELD CITY CHARTER A. 13 7/15!96 -- ---- -z-.---- CHAPTER 6 g.01. The City Manager. he City Manager shall be the chief executive and head ~lstrative branch of the City goQvernment and shall be chosen by the Council solely on of training, experience, and adrtiinistrative qualifications. The City Manager need not be ent of the City or state at the time of appointment, but during tenure of office, shall reside /iin the City. The City Manager shall be appointed for an indefinite period and may be removed y the Council at any time; but after servi~rg as Manager for one year, the .Manager may demand written charges and a public hearing before the date of final removal takes effect. Written charges, if demanded, shall be furnished a reasonable time before the public hearing. After such hearing,. if one is demanded, the Council shall have unlimited discretion either to reinstate the Manager or make removal final. Pending such hearir~'g and removal, the Council may suspend the Manager from office. The Council may designate some properly qualified person to pertorm the duties of the .Manager during the Manager's abse~ince, disability, suspension, or while the office of the Manager is vacant. (Amended Bill 1990-1 ~) Section 6.02. Sub. 1. Subject to the provisions of this Charter, any Council regulations consistent therewith, and any other applicable laws, the City Manager shall control and direct the administration of the City's affairs. The City Manager shall have the powers and duties set forth in the following subdivisions: (Amended Bilf 1,990-13) Sub. 2. The City Manager shall 'see that this Charter and the laws, ordinances and resolutions of the City are enforced. (Amendded Bill 1990-13) Sub. 3. The City Manager shall ap point 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 contr~~ol over the police and fire divisions of the Department of Public Safety, is not under the jurisdiction of the police and fire civil service commission of the Gity. Appointment or removal of department heads shall be made final only upon a majority vote of the Council. (Amended Bill 1981-35) Sub. 4. The City Manager shall exercise control over all departments and divisions of the City administration created by this Charter or by the Council. (Amended Bill 1990-13) i Sub. 5. The City Manager shall he or she may deem necessary for the City's affairs. (Amended Bill 1990-13) Sub. 6. The City Manager shall after in the discussion, but not to vote; but rr considering his or her dismissal^.(Amended RICHFIELD CITY CHARTER mend to the Council for adoption such measures as of the people and the efficient administration of the all meetinQS of the Council with the right to-take part not attend env mPAt~-,~at which the Cn~mcll ~~ Sill 1990-13) '. ~~ ~ tia~ p5 , P,~ ~~~-~ v `~ ~ \~ ~ ~ gab A. 16 ~~(~ ~~~ ~ti~ 5 ~ 5~~ 7/15/96 ~~ - CHAPTER 10 _ ~ ~~ \ ~ FRANCHISES C erwise provided by law, no person, firm, a~, Franchises Required. Except •Shall place or maintain any per ent or semipermanent fxtures, in, over, upon or °n Ice for purpose of operating a public utility or for .any other any .street or ~ q franchise shall be granted only by moose, without franchis erefor from the City. dinance, which s all a an emergency ordinance. Every ord ~ ntee shall' bear rthe hcosts olf or contain all the terms and conditions of the franchise. e 9 ublication of the franchise ordinance and shall make a sufficient deposit with the clerk to p guarantee publication before the ordinance is passed. Section 10.02. Term. No perpetual franchise or privilege shall e~ be fest subm tted to the/ any exclusive franchise or privile edbb ga ma or ty of those vot ng thereon, nor in such case for a voters of the City, and be approv y 1 period of more than 25 years. Section 10.03. Public Hearing. Before any franchis thetlCouncil,ithe Council shall hold a~ fares, or prices to be charged by a public utility are fixed by ublic hearing on the matter. Notice of such hearing shall be pubs inhed at least once in the official p newspaper not less than ten. (10) days prior to the date of the ea g Section 10.04. Power of Regulation Reserved. Subject to any applicable law the Council may by ordinance reasonably regulate and control the exerNiseood nanceanohi regulationinorthn maximum rates, fares, or prices under any applicable la , proceedings for municipal acquisition of the grantee's property by. purchase or eminent domain. Section 10.05. Renewals or Extensions. Every extenilibe sub'ectlto theosafinetlmitations existing franchise or of ae same manr~r as a new franchised 1 and shall be granted in th • RICHFIELD CITY CHARTER A. 25 7/15/96 I;.,: _ ICS ~ ~'~ ' ~~,~,. " ficiai° shall. include all elected officials, the. City_ Manage; s, as are authorized under this Charter. O2. " No public official shall misuse such position to secure special .privileges or such person or any othe I person. "Section 12.03. No public official shall directly or indirectly receive or agree to receive, any compensation, gift, reward or gratuity i i payment for the performance of his or her official duties except as may be provided by law. ~ Section 12.04. No public official shall enter into any contract with the City which is prohibited by law. Any public official who has a proprietary interest in an entity doing business with the City shall make known that interest in writing to the City Council and the City Clerk. Section 12.05. Any public official who in the discharge of said official's duties would be required to take an action or make a decision which would substantially affect such official's financial interest or those of a business ith which such official is associated, unless the effect on such official is no greater than on any ether citizens or other members of such official's business classification, profession, or occupation,~shall take the following actions: a. A written statement shall be prepared which will include the name, address, office held action presenting the potential conflict of interest, the nature of the financial interest, thy. -- person notified of the potential conflict of interest, the official's signature and the date; b. Said person shall deliver copies of the statement to the City Clerk and to the offcial's immediate superior, if any; - c. If a potential conflict presents itself and there is insufficient time to comply with the provisions of clauses "a" and "b" of this section, the public official shall verbally inform the City Clerk and the official's superior of the potential conflict. The official shall then file a written statement with the City Clerk within one week after the potential conflict presents itself which statement shall state the reason for the delay. . Section 12.06. Any intentional false written or verbal st required statement shall I immediate superior to the ey f - 7~ G v ~~ ~ ~ ~ ~~ ~ ~ ;~\a'~ ~~~~ - ~"" RICHFIELD CITY CHARTER lure to file such statement or any intentional filing of a intentional omission of any required information in any shall be referred by the City Clerk or the public official's appropriate action. (Amended Bill 1978-14) ~~ ~e a ~~ ~~ ~- ~• J~ ~. ~ A, ?7 ~ 7/15/96 CITY OF RICHFIELD Meeting Notice REGARDING: A Charter Commission meeting has been scheduled for the-purposes of: • Report from Charter Revision Committee • Report from Bylaws Revision Committee • Discussion of changes to Charter Section 7.13 • Discussion of addition of Section 13.13 to Charter • Discussion of changes recommended by Duke Addicks, LMC WHEN: Wednesday, November 7, 2001 7:00 p.m. WHERE: City Hall Heredia Room 6700 Portland Avenue QUESTIONS: For more information call Charter Commission President Paul Muilenberg, 612-866- 5960 Nancy Gibbs City Clerk AUXILIARY AIDS FOR INDIVIDUALS WITH DISABILITIES ARE AVAILABLE UPON REQUEST. REQUESTS MUST BE MADE AT LEAST 96 HOURS IN ADVANCE TO THE ADMINISTRATIVE SERVICES DIRECTOR AT 861-9702. • APPENDIX A • CITY CHARTER OF RICHFIELD • RICHFIELD CITY CHARTER TABLE OF CONTENTS CHAPTER 1 NAMES BOUNDARIES POWERS AND GENERAL PROVISIONS Paue Section 1.01 Name and Boundaries 1 Section 1.02 Powers of the City 1 Section 1..03 Charter of Public Act 1 CHAPTER 2 FORM OF GOVERNMENT Section 2.01 Form of Government 2 Section 2.02 Boards and Commission 2 Section 2.03 Effective Officers 2 Section 2.04 Incompatible Offices 2 Section 2.05 Vacancies in the Council 2 Section 2.06 The Mayor 3 Section 2.07 Salaries 4 Section 2.08 Investigation of City Affairs 4 Section 2.09 Interference with Administration 5 CHAPTER 3 PROCEDURE OF COUNCIL Section 3.01 .Council Meetings 6 Section 3.02 Secretary of Council 6 Section 3.03 Rules of Procedure and Quorum 6 Section 3.04 Ordinances, Resolutions and Motions 6 Section 3.05 Section 3.06 Procedure on Ordinances Emergency Ordinances 6 6 Section 3.07 Procedure on Resolutions 7 Section 3.08 Signing and Publication of Ordinances and Resolutions 7 Section 3.09 When Ordinances and Resolutions Take Effect ~ 7 Section 3.10 Amendment and Repeal of Ordinances 7 Section 3.11 .Codification and Publication of Ordinances 7 Section 3.12 Manner of Publication of Ordinances 7 CHAPTER 4 NOMINATIONS AND ELECTIONS Section 4.01 The Regular Municipal Election 8 Section 4.02 Primary Election 8 Section 4.03 Special Elections 8 Section 4.04 Nominations by Petition 8 Section 4.05 Nomination Petitions 8 Section 4.06 Withdrawal of Candidate 9 Section 4.07 Canvass of Elections 9 Section 4.08 Procedure at Elections 9 • CHAPTER 5 Section 5.01 Section 5.02 Section 5.03 Section 5.04 Section 5.05 Section 5.06 Section 5.07 Section 5.08 Section 5.09 Section 5.10 Section 5.11 Section 5.12 Section 5.13 Section 5.14 Section 5.15 Section 5.16 Section 5.17 Section 5.18 Section 5.19 Section 5.20 Section 5.21 CHAPTER 6 Section 6.01 Section 6.02 Section 6.03 Section 6.04 Section 6.05 Section 6.06 CHAPTER? Section 7.01 Section 7.02 Section 7.03 Section 7.04 Section 7.05 Section 7.06 Section 7.07 Section 7.08 Section 7.09 Section 7.10 Section 7.11 Section 7.12 Section 7.13 Section 7.14 Section 7.15 Section 7.16 Powers Reserved by the~People Expenditures by Petition rs Further Regulations Initiation of Measures Form of Petition and of Signature Papers Filing of Petition and Actilion Thereon Action of Council on Petition Initiative Ballots Amendment of Repeal Initiation of Charter Amendments The Referendum Referendum Petition Referendum Ballots The Recall Recall Petitions Filing of Petition Recall Election Procedure at Recall Elec ion Form of Recall Ballot Procedure of Fill Vacancy Term ~~ The City Manager Powers and Duties of the City Manager Departments of Administ~,ration Right to City Manager an'd Purchases and Contract Contracts: How Let (repealed TAXATION AND FINAN~ Council to Control Finan~ Fiscal Year System of Taxation Board of Equalization Preparation and Submis: Form of Annual Budget Passage of Annual Budc Enforcement of the Budc Altering or Adjusting the Emergency Appropriatioi Disbursements. How Ma Funds to be Kept Accounts and Reports. City Indebtedness Tax Anticipation Certific~ Emergency Debt Certific Other Officers in Council Bill No. 1996-5) on of Annual Budget udget in Budget Paae 10 10 10 10 10 11 11 12 12 12 12 12 13 13 14 14 14 15 15 15 15 16 16 17 17 17 18 18 18 18 18 18 19 20 20 20 20 20 21 22 22 22 ii CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Page Section 8.01 Power to Make Improvements and Levy Assessments 23 Section 8.02 Assessments for Services 23 Section 8.03 Section 8.04 Public works; How Approval by Ordinance 23 23 Section 8.05 Notice of Public Hearings 23 CHAPTER 9 EMINENT DOMAIN Section 9.01 Power to Acquire Property 24 Section 9.02 Proceedings in Acquiring Property 24 Section 9.03 Payment of Award 24 Section 9.04 City May Abandon Proceedings 24 Section 9.05 City May Take Entire Plant 24 CHAPTER 10 FRANCHISES Section 10.01 Franchises Required 25 Section 10.02 Term 25 Section 10.03 Public Hearing 25 Section 10.04 Power of Regulation Reserved 25 Section 10.05 Renewals or Extensions 25 CHAPTER 11 PUBLIC OWNERSHIP AND OPERATION OF UTILITIES Section 11.01 Acquisition and Operation of Utilities 26 Section 11.02 Rates and Finances 26 Section 11.03 Purchase in Bulk 26 Section 11.04 Section 11.05 Lease of Plant Public Utility. How Sold 26 26 Section 11.06 Notice of Public Hearings 26 CHAPTER 12 CODE OF ETHICS Section 12.01 - 12.06 27 CHAPTER 13 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 13.01 Official Publications 28 Section 13.02 Oath of Office 28 Section 13.03 Official Bonds 28 Section 13.04 Sales of Real Property 28 Section 13.05 Vacation of Streets 28 Section 13.06 City to Succeed to Rights and Obligations of Former Municipality 28 Section 13.07 Present Officers to Hold Office Till When 29 Section 13.08 Statutes not Affected by Charter 29 Section 13.09 Existing Ordinances and Resolutions Continued 29 Section 13.10 Pending Condemnations and Assessments 29 Section 13.11 Disposition of Fines and Penalties 29 Section 13.12 Ordinances to Make Charter Effective 29 • iii (Rev.1998) APPENDIX A CITY CHARTER CITY CHARTER OF RICHFIELD • CHAPTER1 NAMES BOUNDARIES POWERS AND GENERAL PROVISIONS Section 1.01. Name and Boundaries. The Village of Richfield, in the County of Hennepin,. and State of Minnesota, shall, upon the taking effect of this Charter, continue to be a municipal corporation, under the name and style of the. City of Richfield, with the same boundaries as now are or hereafter may be established. Section 1.02. Powers of the City. The City shall have all powers which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony with the constitutions of this state and of the United States. It is the intention of this Charter that every power which the people of the City might lawfully confer upon themselves, as a municipal corporation, by specific enumeration in this Charter shall be deemed to havebeen so conferred by the provisions of this section. This Charter shall be construed liberally in favor of ..the City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the generality of the power herein sought to be conferred. Section 1.03. Charter a Public Act. This Charter shall be a public act and need not be pleaded or proved in any case. It shall take effect thirty (30) days from and after its adoption by the voters. . • RICHFIELD CITY CHARTER A. 1 7/15/96 CHAPTER 2 Section 2.01. Form of Government. The form of government established by this Charter the "Council-Manager Plan". The Co~ncil shall .exercise .the legislative power of the City and determines all matters of policy. The Ci~y Manager shall be the head of the administrative branch of the City government and shall be responsible to the Council for the proper administration of all affairs relating to the City. Section 2.02. Boards and Comr of health, library board, park board or existing Civil Service Commissions and another political subdivision. The Cour powers of such boards and commis; commissions to advise the Council with any subject of interest to the City, or to I Section 2.03. Elective Officers. Council Members, all of whom shall ~ Council Member shall be filled by elegy Members shall be elected from apportio the .Council Members shall each be E Member at-large in 1994 and each s~ elected in 1992 and each succeeding f January 1 next following the general ele candidate .for the office of district Coun serving in office within the district from United States Census the City Counc districts to be apportioned by populatior be Eastern, Central and Western Richfie (Amended Bill 1992-10) ssions. There shall be no separate administrative board ny other administrative board or commission except for ~oards and for the administration of a function jointly with it shall itself be and perform the duties and exercise the ms. The Council may, however, establish boards or aspect to any municipal function or activity, to investigate ~rform quasi judicial functions. The Council shall be composed of a Mayor and four e registered voters. The offices of Mayor and at-large ;tion at large. The offices of the three district Council ied Council districts in which they reside. The Mayor and lected to a four-year term with Mayor and the Council acceeding four years and the district Council Members cur years. The regular term of an office commences on ;tion at which balloting for the full term of office occurs. ^ ail Member must reside while seeking election and wh which he or she is elected. Within two years after each I shall by ordinance establish compact and contiguous ~ as nearly equal as practicable. The three Districts shall Id with dividing lines generally north and south. Section 2.04. Incompatible Offices. No member of the Council shall be appointed City Manager, nor shall any member hold any paid municipal office of employment under the City; and until one year after the expiration of the member's term as Mayor or Council Member,. no former member shall be appointed to any paid appointive office or employment under the City which were increased during the Council Member's term in office. (Amended Bill 1990-13) Section 2.05. Vacancies. Subdii~ision 1. Existence. (1) A vacancy shall exist as of the date of death or resignation of a Council Member. (2) As soon as it is determined that a Council Member is ineligible because of any of ,the following reasons: ~, (i) the failure of any person elected to the Council to qualify on or before the date of the second regular meeting of the Council in-the year following the year of election; I, (ii) the Council Member; ceasing to be a resident of the City; RICHFIELD CITY CHARTER ''~ A. 2 7/15/96 _ (iii) a district Council Member ceasing to be a resident of the district which the member represents; (iv) continuous absence of the Council Member from the City for more than 90 days; (v) conviction of a Council member of a felony whether before or after qualification; (vi) any other reason specified by law except those reasons specified in paragraph (1) of this subdivision; or (vii) by reason of the failure of the Council Member without good cause to perform any of the duties of a Council Member for a period of 90 days, the Council shall, by resolution at a regular or special Council meeting, declare a vacancy on the Council to exist. Subd. 2. Procedure Following Vacancy. (1) If 90 days or less remain in the Council Member's term after the vacancy, the person elected to that. office for the term commencing on January 1 of the next year shall be appointed by the Council to fill the remaining portion of the unexpired term at the next regular Council meeting following the declaration of the results of the election with the City Clerk. The appointment shall be the first order of business of such meeting. (2) If less than 180 days and more than 90 days remain in the Council Member's term of office afterthe vacancy, the Council shall appoint an eligible person to fill the vacancy for the unexpired term. If the Council fails to agree upon an appointee to fill the vacancy within 30 days after the vacancy, the Mayor shall appoint a person to fill the vacancy. (3) If 180 days or more remain in the Council Member's term of office after the vacancy, the Council shall call a special election to fill-the vacancy for the balance of the Council member's term. The special election shall. be called at the same Council meeting at which the vacancy is declared to exist or at the next regular Council meeting following the death or resignation of a Council Member, as the case may be. The special election shall be held not less than 30 nor more than 60 days after the Council meeting at which the election is called. The election to fill the unexpired term shall be in accordance with the provisions of Section 4.03, except that there shall be no primary election and the candidate receiving the highest number of votes shall be elected to fill the unexpired term. The term of the person so elected shall start as soon as the declaration of the results has been filed with the City Clerk and the person has qualified for office. (Amended Bill No. 1992-10) Section 2.06. Subdivision 1. The Mayor. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro temp who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the office by this Charter, the ordinances of the City, and the laws of the state. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts • RICHFIELD CITY CHARTER A. 3 7/15/96 for the purpose of serving civil process, Mayor shall study the operations of tl neglect, dereliction of duty, or waste on public danger or emergency the Mayor I police, maintain order and enforce the l~ Subd. 2. d by the governor for the purposes of martial law. The _ City government and shall report to the Council any part of any officer or department of the City. In time of ~, with the consent of the Council, take command of th~ (1) Existence, Declaration. ,~- vacancy in the office of Mayor shall be declared upon the same grounds and by the same procedure as provided in Section 2.05, subdivision 1, paragraphs (1) and (2) for Council Members. (2) Procedure Following Va'~cancy. Following a vacancy in the office of Mayor, the president pro tem shall assume the duties of Mayor until a Mayor is elected. The president pro tern's duties shall be in addition to that person's duties as Council Member. Such person hall have only one vote with respect to all matters which are voted upon by the Council. If less than 1.80 days remain in the unexpired term of office following the vacancy in the office of Mayor, the president pro tern assume the duties of Mayor for the unexpired term. If 180 days or more remain in the unexpired term following the vacancy in the office of Mayor, a special election shall be called at the regular Council meeting at which the declaration is made or at the next regular Council meeting following the death or resignation of the Mayor, as the case may be, and the election shall be held not less than 30 nor more than 60 days after the meeting at which the election is called. The election to fill the unexpired term shall be in accordance with the provisions of Section 4.03, except that there shall be no primary election and the candidate receiving the highest number of votes shall be elected to X11 the unexpired term. The term ~ the person so elected sh~lall start as soon as the declaration of the results has been filed with the City Clerk alnd the person qualifies for office. (Amended Bill No. 1992-10) ~, Section 2.07. Salaries. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until after the next succeeding municipal election. The City Manager and all subordinate officers and employees of the City shall receive such salaries or wages as may b~ fixed by the Council. (Amended Bill 1982-19) Section 2.08. Investigation of Cit them, and any officer or officers formally make investigations into the City's affair the production of books and papers. Th at least once a year by the state dep< accountant. The Council may at any tin any officer or department of the City g~ research study of any subject of municip~ Affairs. The Council and the City Manager, or either of authorized by them, or either of them, shall have power to ~, to subpoena witnesses, administer oaths, and compel Council shall provide for an audit of the City's accounts rtment in charge of such work or by a certified public ~e provide .for an examination or audit of the accounts of wernment and it -may cause to be made any survey or it concern. RICHFIELD CITY CHARTER ', A. 4 7/15/96 Section 2.09. Interference with Administration. The Council may by ordinance .establish a merit system in all or part of the City administration, but neither the Council nor any of its members shall dictate the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter. Except for the purpose of inquiry, the Council and its member shall deal with and control the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. • • RICHFIELD CITY CHARTER A. 5 7/15/96 CHAPTER3 Section 3.01. Council Meetings municipal election, the Council shall m meetings. At this time the newly ele Thereafter, the Council shall meet at s or resolution. The Mayor or any two r Council upon at least twelve hours not delivered personally to each member some responsible person. All meeting. access to the minutes and records then Section 3.02. Secretary of Cou shall keep a journal of Council procee~ as may be required by this Charter.. or other officers and employees as may k City Clerk the Council may designate Manager or a member of the Council) (Amended Bill 1990-13) On the first business day of January following a reguh ~t at the usual place and time for the holding of Council :ed members of .the Council shall assume their duties. :h times each month as may be prescribed by ordinance ambers of the Council may call special meetings of the e to each member of the Council. Such notice shall be r be left at the Member's usual place of residence with of the Council shall be public, and any citizen shall have ~f at all reasonable times. (Amended Bill 1990-13) il. The City Clerk shall act as secretary of the Council and cgs and such other records and perform such other duties the Council may require. The Council shall choose such necessary to serve at its meetings. In the absence of the ny other official or employee of the City (except the City act as secretary of the Council Section 3.03. Rules of Procedure and Quorum. The Council shall determine its own rules and order of business. A majority of al members shall constitute a quorum to do business, but a smaller number may adjourn from time to time. The Council may by ordinance provide a means by which a minority may compel the attendance of absent members. Section 3.04. Ordinance. Resolutions and Motions. Except as otherwise provided in this Charter, all legislation shall be by ordinance. The aye and no vote on ordinances, resolutions, and motions shall be recorded. An affirmati! a vote of a majority of all the members of the Council shall be required for the passage of all ordinances and resolutions, except as otherwise provided in this Charter. Section 3.05. Procedure on Ord~'inances. The enacting clause of all ordinances shall be in the words "City of Richfield does ord~in". Every ordinance shall be presented in writing. No ordinance except an emergency ordinance shall be passed at the meeting at which it is introduced and at least fourteen (14) days shall ela~se between its introduction and its final passage. (Amended Bill 1981-33, Bill No. 1998-5) Section 3.06. Emergency Or necessary for the immediate preservati~ which the emergency is defined and unanimous vote of the Council Meml provisions of any emergency ordinanc unless the person charged with violatiol the act or omission complained of. finances. An emergency ordinance is an ordinance ~n of the public peace, health, morals, safety, or welfare in declared in a preamble thereto, and is adopted by a ers present. No prosecution shall be based upon the until 24 hours after the ordinance has been published, had actual notice of the passage of the ordinance prior to RICHFIELD CITY CHARTER ~~ A. 6 ~~21~98 Section 3.07. Procedure on Resolutions. Every resolution shall be presented in writing and, when requested by any member of the Council, shall be read in full before a .vote is taken thereon. Section 3.08. Signing and Publication of Ordinances and Resolutions. Every ordinance. or resolution passed by the Council shall be signed by the Mayor, or acting Mayor, attested by the City Clerk, and filed and preserved. Every ordinance shall be published at least once in the official newspaper. Section 3.09. When Ordinances and Resolutions Take Effect. A resolution and an emergency ordinance shall take effect immediately upon its passage or at such later date as is fixed in it. Every other ordinance shall take effect after. the thirtieth (30) day, exclusive of day of publication, or at such later date as is fixed therein. Every ordinance adopted by the voters of the City shall take effect immediately upon its adoption, or at such a later time as fixed therein. (Amended Bill 1974- 7) Section 3.10. Amendment and Repeal of Ordinances. Every ordinance repealing a previous ordinance, section, or subdivision thereof shall give the number, if any, and the title of the ordinance to be repealed in whole or in part. No ordinance, section, or subdivision thereof shall be amended by reference to the title alone. Such an amending ordinance shall set forth in full each section or subdivision to be amended and shall indicate new matter by underscoring and old matter to be omitted by lining it through. In newspaper publication of ordinances the same indications of omitted and new matter shall be used except that italics or bold-faced type may be substituted for underscoring and omitted matter may be printed in capital letters within parentheses. (Amended Bill 1982-4) Section 3.11. Codification and Publication of Ordinances. The City shall codify and publish an ordinance code in books, pamphlets or continuous reference loose leaf form. Copies shall be made available by the Council at -the office of the City Clerk for general distribution to the public free or at a reasonable charge. Section 3.12. Manner of Publication of Ordinances. If the City Council determines that publication of the complete text of an ordinance is not worth the expense and that a summary would clearly inform the public of the intent and. effect of the ordinance, the Council may by a unanimous vote direct that only the title of the ordinance and a summary be published with. notice that printed copies of the ordinance are available to any person during .regular office hours at the office of the City Clerk and any other location which the Council designates. Prior to the publication of the title and summary, the Council shall approve the. text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance. (Amended Bill 1981-33) • RICHFIELD CITY CHARTER A. 7 7/15/96 CHAPTER 4 N Section 4.01. The Regular Munic on the first Tuesday after the first Monda or places as the City Council may dE previous notice of the time and place of posting in at least one public place in e~ official newspaper, but failure to give suc (Amended Bill 1994-4) al Election. The regular municipal election shall be held in November of each even numbered year at such place ignate. The City Clerk shall give at least two weeks olding such election and of the officers to be elected by h voting precinct and by publication at least once in the notice shall not invalidate such election. Section 4.02. Primary Election September preceding the regular muni selection of two nominees for each elect than two nominees file for each electi~ previous notice of the time and place of posting in at least one public place in e~ official newspaper, but failure to give suc Amended Bill 1975-12, Bill 1994-4) On the first Tuesday after the second Monday in pal election there shall be a primary election for the ~ office at the regular municipal election unless no more office. The City Clerk shall give at least two weeks olding such election and of the officers to be elected by h voting precinct and by publication at least once in the notice shall not invalidate such election. Section 4.03. Special Elections. The Council may by resolution order a special election and provide all means for holding it. At least two weeks published notice of a special election shall be given in the official newspaper. Th~ procedure of such election shall conform as nearly as possible to that prescribed for other municipal elections. Section 4.04. Nomination b~Peti Charter shall be nominated by petition. printed upon the ballot as a candidate registered voters has been filed with the provided by state law for such filings. N for any office than the number of persc signer do so, the signer's signature shy petition presented shall be accompanied (Amended Bill 1987-8, Bill 1994-4) ion. All candidates for elective office provided for by this The name of any registered voter of the City shall be For an office whenever a petition signed by at least ten City Clerk in a candidate's behalf within the time period ~ registered voter shall sign petitions for more candidates ns to be chosen for that office at the election; should a II be void as to the. petition or petitions last filed. Each by a twenty-five dollar ($25.00) filing fee. Section 4.05. Nomination Petiti Richfield, hereby nominate, ,for the primary election to be held on the regular municipal election to be held on t we individually certify that we are qualii nomination petitions of candidates for thi ~s. We, the undersigned registered voters of the City of whose residence is office of , to be voted for at the day of - 19 ,and/or the he day of , 19 ,and ied registered voters and that we have not signed more s office than there are persons to be elected thereto. RICHFIELD CITY CHARTER I, A. 8 7/15/96 Name • Street and Number being duly sworn, deposes and says that he or she is the circulator of the foregoing petition paper containing signatures, and that the signatures appended thereto were made in his or her .presence and are the signatures of the persons whose names they purport to be. (Amended Bill 1990-13) Signed: Subscribed and sworn to before me this day of , 19 , Notary Public This petition, if found insufficient by the City Clerk, shall be addressed to at (address). I hereby indicate my willingness to accept the office of if elected. Signed: Section 4.06. Withdrawal of Candidate. Any person whose name has been presented in the manner provided for in the foregoing section as a candidate. may, not later than 12 o'clock noon of the day after the last day for filing, cause his or her name to be withdrawn from nomination by filing with the City Clerk a request to do so in writing, and no name so withdrawn shall be printed upon the ballot. (Amended Bill 1990-13) 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 later than the Monday next following, and shall make full declaration of 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.. (Amended Bill 1975-12) Section 4.08. Procedure at Elections. The City Council may by ordinance adopt such rules and regulations as may be necessary or desirable to regulate the conduct of elections subject to the provisions of this Charter and the laws of the State of Minnesota when applicable. • RICHFIELD CITY CHARTER A. 9 7/15/96 CHAPTER5 Section 5.01. themselves the powers, in accordance w ordinance, except an ordinance appro~ request such an ordinance when passec approval or disapproval and to recall el initiative, referendum and recall, respecti Section 5.02. Expenditures by I recall committee, no circulator of a sign person, shall accept or offer any re connection with the circulation thereof, legal advice and from incurring any e printing, and notarial fees. Any violation (Amended Bill 1992-10) by the People. The people of Richfield reserve t. h the provisions of this Charter, to initiate and adopt any ~iating the money or authorizing the levy of taxes, to by the Council to be referred to the registered voters for cted public officials. These powers shall be called the ely. (Amended Bill 1982-20) ;titioners. No member of any initiative, referendum, or are paper, and no signer of any such paper, or any other ard, pecuniary or otherwise, for service rendered in ut this shall not prevent the committee from paying for pense not to exceed $400.00 for stationery, copying, f the provisions of this section is a misdemeanor. Section 5.03. Further Regulations. The Council may provide by ordinance such further regulations for the initiative, referendu i or recall, not consistent with this Charter, as it deems necessary. (Amended Bill 1982-20) Section 5.04. Initiation of Mean sponsoring committee for the initiati money or authorizing the levy of taxes. of their proposed ordinance with the members of such committee. They sf• each of the signature papers herein sponsors thereof. Section 5.05. Form of Petition any ordina-nce shall consist of the ordii thereto attached. Such petition shall i voters equal to at least five percent of regular election. All the signatures nee such paper shall make an affidavit th signature of the person whose name substantially the following form: Proposing an ordinance tc Purpose of the Ordinance) a copy of wh This ordinance is sponsored by the fo ~s. Any five registered voters may form themselves into a of any ordinances except any ordinance appropriating ~efore circulating any petition they shall file a verified cop ity Clerk, together with their names and addresses also attach a verified copy of the proposed ordinance to scribed, together with their names and addresses as id of Signature Papers. The petition for the adoption of nce, together with all the signature papers and affidavits ~t be complete unless signed by a number of registered e total number of registered voters at the time of the last not be on one signature paper, but the circulator of every each signature appended to the paper is the genuine it purports to be. Each signature paper shall be in INITIATIVE PETITION ordinance is hereto attached. ng committee of registered voters: (Stating the RICHFIELD CITY CHARTER ''~ A. 10 7/15/96 Name Address 1. 2. 3. 4. 5. The undersigned registered voters, understanding the terms and nature of the ordnance attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the voters for their approval Name 1. Address 2. 3. (At the end of the list of signatures shall be appended the Affidavit of the circulator mentioned above.) Section 5.06. Filing of Petition and Action Thereon. All the signature papers shall be filed in the office. of the City Clerk as one instrument. Within five (5) days .after the filing of that petition, the City Clerk shall ascertain by examination, the number of registered voters whose signatures are appended thereto and whether this number is at least five percent (5%) of the total number of registered voters at the time of the last regular election. If the petition is found to be insufficient or irregular, the City Clerk shall 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, it shall be filed by the City Clerk in the City Clerk's office arld each member of the committee shall be notified of that fact by the City Clerk. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the ordinance to the voters at the .next regular or special election. (Amended Bi11 1990-13) Section 5.07. Action of Council on Petition. When the petition is found to be sufficient, the City Clerk shall so certify to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and may refer it to an appropriate committee. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the RICHFIELD CITY CHARTER A. 11 7/15/96 date upon which it was submitted to the Council by the City Clerk. 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 shall be submitted by the Council to a vote at the next regular municipal election, but if the ^umbers of the signers of the petition is equal to least fifteen percent (15%) of the total number of registered voters at the time of the last regul~___ municipal election, the Council shall call a special election upon the measure. Such special election shall be held not less than thirty (30) nor more than forty-five (45) days from date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a regular election is to occur within three months, the Council may 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. Section 5.08. Initiative Ballots. The- ballots used when .voting upon any such proposed ordinance shall state the substance of the ordinance and shall 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 shall thereupon become an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election, but the voter shall 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 shall prevail to the extent of the inconsistency. Section 5.09. Amendment or R~ eal. 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 ~" members of the Council. Section 5.10. Initiation of Charted 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 ten percent (10%) of the total number of registered voters at the time of the last regular 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 shall thereby be prevented from going into operation. The Council shall thereupon reconsider the ordinance at i~s next regular meeting, and by majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall immediately order a special election to be held thereon, or (submit the ordinance at the next regular municipal election pending which the ordinance shall remain suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, 'it shall not become effective; but if a majority of the voters favor the ordinance, it shall go into effect immediately or on the date therein specified. Section 5.12. Referendum Petitibn. 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, for the initiation of ordinances shall apply to the referendum but with such changes as may be necessary. RICHFIELD CITY CHARTER I, A. 12 7/15/96 A referendum petition shall read substantially as follows: REFERENDUM PETITION '~ Proposing the repeal of an ordinance to (stating the purpose of the ordinance) a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: Name Address 1. 2. 3. 4. 5. 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 Name Address 1. 2. 3. (At the end of the list of signatures shall be appended the Affidavit of the circulator mentioned above) 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 Charter for 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 shall be from the Council Member's district. The committee shall 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 intention to bring about his or her recall. A copy of this certificate shall be attached to each signature paper and no signature paper shall 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. RICHFIELD CITY CHARTER A. 13 7/15!96 Section 5.15. Recall Petitions. consist of a certificate identical to that papers and affidavits thereto attached. ~ the circulator of every paper shall make the genuine signature of the person whc in substantially the following form: 'he petition for the recall of any Council Member shall filed with the City Clerk together with all the signature. I the signatures need not be on one signature paper, but n affidavit that each signature appended to the paper i~ e name it purports to be. Each signature paper shall b~ Proposing the recall of office as .which recall is sought for the reasons set forth in the attached certificate. This movement is sponsored by the following committee of registered voters eligible to vote on candidates for that office. Name Address 1. 2. 3. The undersigned registered voters, al 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 hat purpose. Name Address 1. 2. 3. (Amended Bill 1982-20) At the end of the list of signatures shall brie appended the affidavit of the circulator. Section 5.16. .Filing of Petition. Within thirty (30) days after the filing of the original. certificate, the committee shall file the cl mpleted petition in the office of the City Clerk. .The City Clerk shall examine the petition within the next five (5) 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 shall 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 allother respects, but they 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 irreg~lar, the clerk shall notify all the members of the committee to that effect and shall file the petition m the City Clerk's office. No further action shall be taken thereon. Section 5.17. Recall Election. City Clerk shall transmit it to the Counc sought to be recalled of the sufficiency Member sought to be recalled does not notice, the Council shall, at its next meet the position or amended petition is found sufficient, the it without delay, and shall also officially notify the person of the petition and of the pending action. If the Council resign within ten. (10) days after having been given such ing occurring more than ten (10) days after the receipt by RICHFIELD CITY CHARTER A. 14 7/15/96 the Council of the recall petition, by resolution, provide for the holding of a special recall election not less than 30 nor more than 45 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 .shall be conducted only within the district of such Council Member. If it involves several district Council Members, the election shall be conducted only within the districts of such Council .Members. If it involves a Council Member who is elected at large, the election shall be a City-wide election. Section 5.18. Procedure at Recall Election. The City Clerk shall 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 shall be conducted as far as possible, in accordance with the usual procedure in municipal elections. 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 in 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. (Amended Bill 1992-10) 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 shall 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 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 shall call a special election to fill the vacancy for the balance of the Council Member's term. Such election shall be called within ten (10) days after such recall or resignation, and the special election shall be held not less than thirty (30) nor more than sixty (60) days after the meeting at which the election is called. Candidates to fill the unexpired term shall be nominated in the usual way and the election shall 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. (Amended Bill 1992-10) 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. (Amended Bill 1992-10) • RICHFIELD CITY CHARTER A. 15 7/15/96 CHAPTER 6 Section 6.01. The City Manager. of the administrative branch of the City ~ the basis of training, experience, and ad a resident of the City or state at the tim within the City. -The City Manager shall I by the Council at any time; but after ser written charges and a public hearing bef~ if demanded, shall be furnished a reasor one is demanded, the Council shall ha' make removal final. Pending such hea from office. The Council may designate the Manager during the Manager's ab Manager is vacant. (Amended Bill 1990 Section 6.02. The City Manager shall be the chief executive and hey. government and shall be chosen by the Council solely on ninistrative qualifications. The City Manager need not be of appointment, but during tenure of office, shall reside ~e appointed for an indefinite period and may be removed ring as Manager for one year, the Manager may demand ire the date of final removal takes effect. Written charges, able time before the public hearing. After such hearing, if 'e unlimited discretion either to reinstate the Manager or ing and removal, the Council may suspend the Manager some properly qualified person to perform the duties of pence, disability, suspension, or while the office of the 13) Sub. 1. Subject to the provisions of this Charter, any Council regulations consistent therewith, and any other applicable laws, the City Manager shall control and direct the administration of the City's affairs. The City Manager shall have the powers and duties set forth in' the following subdivisions: (Amended Bill 1990-13) Sub. 2. The City Manager resolutions of the City are enforced. Sub. 3. The City Manager shall and subject to applicable civil service ~ and all subordinate officers and emplc having administrative and supervisory c of Public Safety, is not under the jurisd City. Appointment or removal of departr the Council. (Amended Bill 1981-35) see that this Charter and the laws, ordinances ar~' nded Bill 1990-13) appoint and remove, upon the basis of merit and fitness -ovisions, if any, the City Cterk, all heads of departments fees in the departments. The Director of Public Safety, ~ntrol over the police and fire divisions of the Department ~tion of the police and fire civil service commission of the gent heads shall be .made final only upon a majority vote of Sub. 4. The City Manager shall exercise control over all departments and divisions of the City administration created by this Charter or by the Council. (Amended Bill 1990-13) Sub. 5. The City Manager shall he or she may deem necessary for the City's affairs. (Amended Bill 1990-13) Sub. 6. The City Manager shall in the discussion, but not to vote; b considering his or her dismissal. (Ame nmend to the Council for adoption such measures as re of the people and the efficient administration of the end all meetings of the Council with the right to take part may not attend any meeting at which the Council is ~d Bill 1990-13) RICHFIELD CITY CHARTER A. 16 7/15/96 Sub. 7. The City Manager shall- keep the Council fully advised as to the financial condition and needs of the City, and shall prepare and submit to the Council the annual budget. (Amended Bill 1990-13) Sub. 8. The City Manager shall prepare and- submit to the Council for ado tion an p administrative code incorporating the details of administrative procedure, and from time to time shall suggest amendments to such code.. (Amended Bill 1990-13) Sub. 9. The City Manager shall perform such other duties as may be prescribed by this Charter or by law or required by ordinance or resolutions adopted by the Council. (Amended Bill 1990-13) Section 6.03. Departments of Administration. The Council may create such departments, divisions and bureaus for the administration of the City's affairs as it may deem necessary, and from time to time alter their powers and organization. It shall, together with the City Manager, prepare and enact a complete administrative code in the form of an ordinance, which may be amended from time to time by ordinance. The Council may by ordinance .abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. Section 6.04. Right of City Manager and Other Officers in Council. The City Manager, the heads of all departments .and such other officers of the City as may be designated by vote of the Council, shall be entitled to seats. in the Council, but shall have no vote therein. The City Manager shall have the right to take part in the discussion of all matters coming before the Council, except as provided in Section 6:02, Subdivision 6, and the department heads and other officers shall be entitled to take part in all discussions of the Council relating to their respective offices, departments or agencies. Section 6.05. Purchases and Contracts. Every contract for the sale or purchase of , merchandise, .materials or equipment, or the alteration thereof, or for the construction, alteration, repair or maintenance of real or personal property, where the amount involved is more than the dollar amount contained in Minnesota Statutes, Section 471.345, Subd. 3 shall be let only by the City Council upon the recommendation of the City Manager to the lowest responsible bidder. The Council may, however, reject any and all bids. Subject to the provisions of the Charter, and other applicable law, the Council may by ordinance or by resolution adopt further regulations for making of bids and letting of contracts. (Amended Bill 1987-21, Bill 1996-5) Section 6.06. Repealed. (Bill 1996-5) • RICHFIELD CITY CHARTER A. 17 7/15/96 CHAPTER 7 Section 7.01. Council to Control ~inances. The Council shall have full authority over th. financial affairs of the City, and shall prov~de for the collection of all revenues and other assets, the auditing and settlement of accounts and t~le safekeeping and disbursements of public monies. Section 7.02. Fiscal Year. The fiscal year of the City shall be the calendar year. Section 7.03. System of Taxati~~on. 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 tax tion 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 7.04. Board of Eaualc members of the Council and two reside Manager and approved by the Council. estate matters and shall receive such cc Equalization shall equalize assessment soon as any real estate has been reass assessor of the amount of the change a Section 7.05. Preparation and 5i special budget meeting of the Council c Council a budget and an explanatory i Section 7.06. For such purpose and at shall obtain from the head of each dE expenditures together with such other estimate of all capital projects or capi should be undertaken in his or her del preparing the budget the City Manager ; may revise estimates, as he or she may ition. The Board of Equalization shall consist of the is of the City appointed for a one year term by the City The two resident members shall be experienced in real ~pensation as the Council may determine. The Board of of property for taxation purposes according to law. As used, the affected property owner shall be notified by the i the reasons therefor. emission of Annual Budget. The City Manager shall, at a ~ or before the first Tuesday in September, submit to thF adget message in a form and manner as prescribed . uch date as he or she shall determine, the City Manager ~artment the character, object and details of proposed upporting data as he or she may request, including an it .expenditures which each department head considers ~rtment for the budget year and the next five years. In call review the estimates, shall hold hearings thereon and teem advisable. (Amended Bill 1990-13) Section 7.06. Form of Annual Budget. The budget shall provide a complete financial plan of all funds for the budget year, whic~lh 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 grid 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 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 RICHFIELD CITY CHARTER Iii A. 18 7/15/96 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 Bill 1990-13) 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 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 Bilt 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 shalt believe useful to the Council. 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 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. • RICHFIELD CITY CHARTER A. 19 7/15/96 Section 7.08. Enforcement of tl provisions of the budget as specified in approve any expenditure unless an app there is an available unencumbered bale incurred. No officer or employee of the for the purposes authorized in the budgE the City for any, purpose not in the app appropriated in the budget resolution or be considered a personal obligation u~ 1990-13) Section 7.09. Altering or Adlusl adopted, the Council shall have no pow by the insertion of new .items or other receipts exceed the estimates and then time, by resolution approved by a four-fit for any purpose by the budget resoluti months of the fiscal year, the Council one office, department or agency to ano the end of the budget year to the ex1 encumbered. Section 7.10. Emergency Appro appropriation as a part of the budget appropriations made in the budget for any other appropriation shall be mad member of the Council and by a majorit used only for the purposes designated I Section 7.11. Disbursements. r except by check bearing the actual or 1 No such check shall be issued unless th which the disbursement is made and th an itemized bill, payroll, or time sheet vouches for. the correctness and reasc further regulations for the safe-keeping Section 7.1.2. Funds to be K provided for in the following subdivis Sub. 1. General Fund: -The C government expenses and obligations shall be paid all monies not otherwise I any other fund. e Budaet. The City Manager shall strictly enforce the the resolution. The City Manager shall not authorize or ~ropriation has been made in the budget resolution and nce of the appropriation sufficient to pay the liability to t^ amity shall place any orders or make any purchase exce, t. Any obligation incurred by any person in the employ of oved budget or for any amount in excess of the amount in excess of available monies in any fund of the City may ~n the person incurring the expenditure. (Amended Bill na the Budaet. After the budget shall have been duly :r to increase the amounts fixed in the budget resolution, rise, beyond the estimated revenues, unless the actual not beyond the actual receipts. The Council may at any hs majority of its members, reduce the sums appropriated ~n. At the request of the Manager, within the last three nay transfer unencumbered appropriation balances from her within the same fund. All appropriations shall lapse at ;nt that they shall not have been expended or lawfully riation in Budaet. The Council may include an emergency but not exceed three per centum of the total operating gat year. A transfer from the emergency appropriation to : only .upon recommendation of the City Manager or vote of the Council. The funds thus appropriated shall v the Council. ~w Made. No disbursement of City funds shall be made csimile signature of the City Manager and the. treasurer. claim to which. it relates specifies the purpose for fund upon which it is drawn, and has been supported by pproved and signed by the responsible City officer who ableness thereof. The Council may by ordinance make ~d disbursement of the funds of the City. There shall be maintained in the City treasury the funds feral Fund is established for the payment of all general the City as the Council may deem proper. Into this fund vided herein, or by statute or by ordinance to be paid into RICHFIELD CITY CHARTER ~I~ A. 20 7/15/96 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. 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. 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. 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) 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. Sub. 7. The Council may make interfund loans by resolution where permitted by law except from Trust and Agency funds. 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 10th day of April, 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 April 10 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. RICHFIELD CITY CHARTER A. 21 7/15/96 Section 7.14. City Indebtedness obligations shall be issued to pay current for any other municipal purpose in acco law. Except in the case of obligations fc state law, no such obligations shall be is registered voters of the City voting on submitting a question to the voters under hearing on the question preceded by no' not more than 28 days nor less than 14 d Section 7.15. Tax Anticipation making of an annual tax levy, the Coun the collection of taxes levied for any fu issued against any fund for any year w the total current taxes for the fund unc~ issued on such terms and conditions as payable .not later than the first day of ~ the tax levied for the fund against whip and credit of the City shall be irrevocabl of their issuance against the fund. Section 7.16. Emergency Debt c. sources should from some unforeseen c City, or if any calamity or other public making extraordinary expenditures, the and in such manner as the Council det~ two years. A tax sufficient to pay pri required by law shall be levied as requ emergency debt certificates shall state tl of the Council. Except as provided in Sections 7.15 and 7.16, no expenses, but the Council may issue and sell obligations dance with law and within the limitations prescribed by r which an election is not required by this Charter or b~~ ued and sold without the approval of the majority of th the question at a general or special election. Before .his Section, the Council must conduct at least one public ce published in a newspaper(s) selected by the Council iys prior to the hearing. (Amended Bill No. 1993-7 ertificates. At any time after January 1, following the may issue certificates of indebtedness in anticipation of I and not yet collected. The total amount of certificates ~ interest thereon until maturity shall not exceed 90% of ected at the time of issuance. Such certificates shall be ie Council may determine but they shall become due and ril of the year following their issuance. The. proceeds of tax anticipation certificates are issued and the full faith pledged for the redemption of the certificates in the order ertificates. If in any year the receipts from taxes or other ruse become insufficient for the ordinary expenses of the emergency should subject the City to the necessity of Council may by resolution issue and sell on such terms ;rmines emergency debt certificates to run not to exceec+ ~cipal and interest on such certificates with the marg, red by law. The resolution authorizing an issue of such ~e nature of the emergency and be approved by a majority RICHFIELD CITY CHARTER A. 22 7/15/96 CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8.01. Power to Make Improvements and Lew Assessments. The City shall. have the power to make any and every type of public improvement not forbidden by the laws of this state and to levy special assessments for all or any. part of the cost of such improvements as are of a local character, pursuant to the laws of the State of Minnesota. Section 8.02. Assessments for Services. The Council may provide by ordinance that the cost of sprinkling, snow or rubbish removal, or of any other service to streets, sidewalks, or other public property, or the cost of any service to other property undertaken by the City may be assessed against the property benefited and .collected in like manner as are special assessments. Section 8.03. Public__Works: How Performed. Public works, including all local improvements, may be constructed, extended, repaired and maintained either directly by day tabor or by contract. The City shall require contractors to give bonds for the protection of the City and all persons furnishing labor and materials pursuant to the laws of the state. Section 8.04. Approval by Ordinance. Any capital improvement on City owned property which has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. (Added, Bill No. 1998-5) Section 8.05. Notice of Public Hearings. Notice of public hearings required by Section 8.04 .shall be published at least twice in the official newspaper within fourteen (14) days prior to the date , of the hearing. Additional notice of such public hearings may be given in such .manner as the Council may determine. This notice must contain the estimated costs of the capital improvement. (Added, Bill No. 1998-5) RICHFIELD CITY CHARTER A. 23 7/21/98 CHAPTER 9 Section 9.01. Power to Acquire Property. The City may acquire, by purchase, gift, Bevis. or condemnation, any property, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the City for any public use or purpose. Easements for slopes, fills, sewers, building lines, poles, wires, pipes and conduits for water, gas, heat and power may be acquired by gift, devise, purchasg, or condemnation in the manner provided by law. Section 9.02. Proceedings rn f property by the City shall be determined shall describe such property as near a devoted. In acquiring property by exert according to the laws of this state, excel (Amended Bill No. 1994-4) Section 9.03. Payment of Awar proceeding for the taking of property fo court renders final judgment in any appe proceedings by the City has expired, determination, pay the amount of the a' not so paid, judgment therefor may be h Section 9.04. City Mav Abana~ property being acquired in a condemn proper court prior to the expiration of appeal has been taken. The City shy condemnee including attorney's fees. Section 9.05. City Mav I aloe t operated at the time of the commencer one system, it shall not be necessary it of the Council, to describe or treat sE system; but all of the property, land: comprise such system may, unless otl property and an award for the wh< commissioners or other body assessing City, when the plant and property are s~ parts thereof as may be necessary in th quirina Property. The necessity for the taking of any y the Council and shall be declared by a resolution which may be possible and state the .use to which it is to be ing the power of eminent domain, the City shall proceed as otherwise provided in this Charter. Whenever an award of damages is confirmed in any public use by right of eminent domain, or whenever the ~I from any such award and the time for abandoning such the City shall, within seventy (70) days of such final yard or judgment of the court, as the. case may be; and if ~d against the City. Proceedings. The City may dismiss all or part of the on proceeding so long as the dismissal is filed with thy' e time for an appeal or before entry of judgment if pay all reasonable costs and expenses incurred by the Mire Plant. If the City condemns a public utility which is Went of the condemnation proceedings as one property or the condemnation proceedings or any of the proceedings ;parately the different kinds of property composing such ,articles, franchises, franchise values and rights which rerwise ordered by the court, be treated together as one ~le property in one lump sum may be made by the the damages on condemnation. This does not prevent the ;parable into distinct parts, from acquiring only such part or e public interest. A. 24 7/15/96 RICHFIELD CITY CHARTER CHAPTER 10 FRANCHISES Section 10.01. Franchises Required. Except as otherwise provided by law, no person, firm, or corporation shall place or maintain any permanent or semipermanent fixtures, in, over, upon or under any street or public place for the purpose of operating a public utility or for any other purpose, without a franchise therefor from the City. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the clerk to guarantee publication before the ordinance is passed. Section 10.02. Term. No perpetual franchise or privilege shall ever be created, nor shall any exclusive franchise or privilege be granted unless the proposed grant be first submitted to the voters of the City, and be approved by a majority of those. voting thereon, nor in such case for a period of more than 25 years. Section 10.03. Public Hearing. Before any franchise ordinance is adopted or any rates, fares, or prices to be charged by a public utility are fixed by the Council, the Council shall hold a public hearing on the matter. Notice of such hearing shall be published at least once in the official newspaper not less than ten (10) days prior to the date of the hearing. Section 10.04. Power of Regulation Reserved. Subject to any applicable law the Council may by ordinance reasonably regulate and control the exercise of any franchise, including the maximum rates, fares, or prices under any applicable law, ordinance, or regulation or in proceedings for municipal acquisition of the grantee's property by purchase or eminent domain. Section 10.05. Renewals or Extensions. Every extension, renewal, or modification of any existing franchise or of any franchise granted thereafter shall be subject to the same limitations and shall be granted in the same manner as a new franchise. RICHFIELD CITY CHARTER A. 25 7/15/96 CHAPTER 11 P Section 11.01. Ac uisition and ~ eration of Utilities. The City may own and operate a, gas, water, heat, power, light, telephone or other public utility for supplying its own needs for utility service or for supplying utility service to private consumers or both. It may construct all facilities reasonably needed for that purpose and may acquire any existing utility properties so needed; but such action may only be taken by ordi ance, which shall not be an emergency ordinance. The operation of all public utilities owned y the City shall be under the supervision of the City Manager. Section 11.02. Rates and Flnanc upon its own motion, the Council may i rates, :fares and prices shall be just am municipal utility financially self-sustainin or indirectly as a general revenue-produ for municipal utilities shall be fixed by tl matter in accordance with Section 11.0E which payments for all such utility servi as may be necessary, and prescribe per Section 11.03. production of gas, electricity, water and local consumers at such rates as it r Council shall hold a public hearing on tl Section 11.04. Lease of Plant.l The Council may, if the public interests will be served thereby, contract with any .responsible person, co-partnership or corporation. for the operation of any utility owned by the City, upon su h rentals and conditions as it may deem necessary; but such contract shall be embodied in and let only by ordinance, which shall not be an emergency ordinance. In no case shall such contract be for a longer term than ten (10) years. Section 11.05. Public Utility. How Sold. No public utility owned by the City shall be sold or otherwise disposed of by the City unlgss the full terms of the proposition of said sale or other disposition thereof, together with the prlice to be paid therefor, shall be embodied in an ordinance approved by a majority of the registered voters voting thereon. at a general or special election. Section 11.06. Notice of shall be published at least one the hearing. Additional notice may determine. >. Upon recommendations made by the City Manager or rates, fares and prices, for municipal utilities, but such reasonable.. The Council shall endeavor to make each and shalt not use any municipal utility. operation directly ng agency for the City. Before any rates, fares or prices Council, the Council shall hold a public hearing on the The Council shall prescribe the time and the manner in ;s shall be made, and may make such other regulations ~Ities for violation of such regulations. The Council may, in lieu of providing for the local her utilities, purchase the same in bulk and resell them to y fix. Before such rates are fixed by the Council, the matter in accordance with Section 11.06. P e in the official of such, public ts. Notice of public hearings required by this chapter newspaper at least ten (10) days prior to the date of hearings may be given in such manner as Council RICHFIELD CITY CHARTER ~I A. 26 7/15/96 CHAPTER 12 CODE OF ETHICS Section 12.01. The term "public official" shall include all elected officials, the City Manager, and all members of boards or commissions, as are authorized under this Charter. Section 12.02. No public official shall misuse such position to secure special privileges or exemptions for such person or any other person. Section 12.03.. No public official shall directly or indirectly receive or agree to receive, any compensation, gift, reward or gratuity in payment for the performance of his or her official duties except as may be provided by law. Section 12.04. No public official shall ,enter into any contract with the City which is prohibited by law. Any public official who has a proprietary interest in an entity doing business with the City shall make known that interest in writing to the City Council and the City Clerk. Section 12.05. Any. public official who in the discharge of said official's duties would be required to take an action or make a decision which would substantially affect such official's financial interest or those of a business with which such official is associated, unless the effect on such official is no .greater than on any other citizens or other members of such official's business classification, profession, or occupation, shall take the following actions: a. A written statement shall be prepared which will include the name, address, office held, action presenting the potential conflict of interest, the nature of the financial interest, the person notified of the potential conflict of interest, the official's signature and the date; b. Said person shall deliver copies of the statement to the City Clerk and to the official's immediate superior, if any; c. If a potential conflict presents itself and there is insufficient time to comply with the provisions of clauses "a" and "b" of this section, the public official shall verbally inform the City Clerk and the official's superior of the potential conflict. The official shall then file a written statement with the City Clerk within one week after the potential conflict presents itself which statement shall state the reason for the delay. Section 12.06. Any intentional failure to file such statement or any intentional filing of a false written or verbal statement or any intentional omission of any required information in any required statement shall be unlawful and shall be referred by the City Clerk or the public official's immediate superior to the City Attorney for appropriate action. (Amended Bill 1978-14) RICHFIELD CITY CHARTER A. 27 7/15/96 CHAPTER 13 Section 13.01. Official Publications. The Council shall annually designate a leggy newspaper of general circulation in the iG~as its official newspaper in which shall be published ordinances and other matters required by law to be so published, as well as such other matters as the Council may deem it in the public interest to have published in this manner. Section 13.02. Oath of Office. duties of office, take and subscribe an solemnly swear (or affirm) to support tl State of Minnesota and the Charter a faithfully the duties devolving upon me of Richfield to the best of my judgment a Section 13.03. Official Bonds. such other officers or employees of th before entering upon the duties of his surety bond to the City in such form and for the faithful performance of his or h~ Such bonds may be either individual or be approved by the City Council, and a City Clerk. The premiums on the bonds Section 13.04. Sales of Keal r except by ordinance. The proceeds of to retire any outstanding indebtednes improvement of this or other property outstanding indebtedness, the Council. proceeds. very officer of the City shall, before entering upon the ath of office in substantially the following form: "I do Constitution and laws of the United States and of the ordinances of the City of Richfield and to discharge (Mayor, Council Member, City Manager, etc.) of the City I ability." (Amended Bill 1990-13, Bill 1996-6) ie City Manager, the City Clerk, the City Treasurer, and City as may be provided for by ordinance shall each, r her respective office or employment, give a corporate ~ such amount as may be fixed by the Council as security official duties and the safekeeping of the public funds. lanket bonds in the discretion of the Council. They shall proved as to form by the City Attorney, and filed with the hall be paid by the City. (Amended Bill 1990-13) ~perty. No real property of the .City shall be disposed o; ny sale of such property shall be used as far as possib~ incurred by the City in the purchase, construction, or ised for the same public purpose. If there is no such gay by resolution designate some other public use for the Section 13.05. Vacation of Struts. The Council may by ordinance vacate any street or alley or part thereof within the City. Such vacation may be made only after published notice and an opportunity for affected property owners and public to be heard, and upon such further terms and by such procedure as the Council b~ ordinance may prescribe. A notice of completion of such procedures shall be filed in accordance 'with law. (Amended Bill 1978-14) Section 13.06. City to succeea of Richfield shall remain vested with at rights, rights of action, and rights of e pertaining to the City of Richfield, and on said date of Charter. The municip~ Richfield shall continue and may be ~ adoption of this Charter. Nothing in thi; continuance or restricting in any way thi o Rights and Obligations of Former Municipality. The City id continue to have, hold, and enjoy all property, property very kind, privileges and immunities now belonging to or hall be subject to all liabilities which exist against said City 1 liquor stores which have been established in the City of operated by the City in the same manner as before the . Charter shall be construed as limiting in any manner such addition of new stores or relocation of existing stores. RICHFIELD CITY CHARTER A. 28 7/15/96 Section 13.07. Present Officers to Hold Office Till When. The present officers of the City shall continue in their respective offices and functions until their successors are chosen and qualify, and shall continue to govern the City in the usual manner. They shall make such financial and other provisions as will serve to cagy on the government until a government. has been set up under this Charter. Section 13.08. Statutes not Affected by Charter. All general laws and statutes of the state applicable to all cities operating under home rule Charters, or applicable to cities of the same class as the City of Richfield operating under home rule Charters, and not inconsistent with the provisions of this Charter, shall apply to the City of Richfield, and shall be construed as supplementary to the provisions of this Charter. The extra session laws of 1961, Chapter 28, shall not be applicable to the City of Richfield and are of no legal effect upon adoption of this Charter. Section 13.09. Existing Ordinances and Resolutions Continued. All ordinances, resolutions and regulations of the municipality in force when this Charter takes effect, and not. inconsistent with the provisions thereof, are hereby continued in full force and effect until amended or repealed. Section 13.10. Pendina Condemnations and Assessments. Any condemnation or assessment proceeding in progress when this Charter takes effect shall be continued and completed under the laws which such proceedings were begun.. All assessments made by the municipality prior to the time when this Charter takes effect shall be collected and the lien thereof enforced in the same manner as if this Charter had not been adopted. Section 13.11.. Disoosition of Fines and Penalties. -All fines, forfeitures and penalties received for the violation of any ordinance shall be paid into the City treasury. Every court or officer receiving such monies, within thirty (30) days thereafter, shall make. return thereof under oath and shall be entitled to duplicate receipts for the amount paid. One of the receipts shall be filed with the City Clerk. Section 13.12. Ordinances to Make Charter Effective. The Council shall by ordinance make such regulations as may be necessary to carry out and make effective the provisions of this Charter. (Amended Bill 1978-14) RICHFIELD CITY CHARTER A. 29 7/15/96