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Click on the Table of Contents' link to go directly
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Charger.
effective December 10,
2005.
TABLE OF CONTENTS
TABLE OF
CONTENTS...................................................................................................................................................
1
PREAMBLE.......................................................................................................................................................................
2
Chapter I—POWERS OF THE CITY..............................................................................................................................
2
Chapter II—FORM OF GOVERNMENT.......................................................................................................................
3
Chapter III—CITY
CLERK-ADMINISTRATOR..........................................................................................................
6
Chapter IV—DEPARTMENTS,
OFFICES, AND AGENCIES....................................................................................
8
Chapter V—TAXATION
AND FINANCIAL MANAGEMENT...............................................................................
9
Chapter VI—ELECTIONS..............................................................................................................................................
13
Chapter VII—REFERENDUM.......................................................................................................................................
14
Chapter VIII—PUBLIC
IMPROVEMENTS AND SPECIAL ASSESSMENTS.......................................................
15
Chapter IX—EMINENT DOMAIN..............................................................................................................................
16
Chapter X—FRANCHISES...........................................................................................................................................
17
Chapter XI—PUBLIC
OWNERSHIP AND OPERATION OF UTILITIES..............................................................
18
Chapter XII—GENERAL
PROVISIONS......................................................................................................................
20
CHARTER OF
THE
CITY OF
ORTONVILLE
We the people of the City of Ortonville, Minnesota,
under the constitution and laws of the state of Minnesota, in order to
secure the benefits of local self-government and to provide for an honest
and accountable council/city clerk-administrator government do hereby
adopt this charter and confer upon the city the following powers, subject
to the following restrictions, and prescribed by the following procedures
and governmental structure. By this action, we secure the benefits of home
rule and affirm the values of representative democracy, professional
management, strong political leadership, citizen participation, and
regional cooperation.
Chapter I
Section 1.01. Name and Boundaries
The City of Ortonville, Big Stone County, Minnesota,
shall continue to be a municipal corporation under that name and with the
same boundaries as now are or hereafter may be established. The city
clerk-administrator shall keep in the city office an official city map
identifying the current boundaries of the city, and such map shall be
available to the public during regular office hours. The existing
boundaries shall be continued until changed as provided by law.
Section 1.02. Powers of the City
The city shall have all powers which may now or
hereafter be possible for a municipal corporation in this state to
exercise in harmony with the constitution of this state and of the United
States. It is the intention of this charter to confer upon the city every
power which it would have if it were specifically mentioned. The charter
shall be construed liberally in favor of the city and the specific mention
of particular municipal powers in other sections of this charter does not
limit the powers of the city to those thus mentioned. Unless granted to
some other officer or body, all powers are vested in the city council.
Chapter II
FORM OF GOVERNMENT
Section 2.01. General Powers and Duties. The
form of government established by this charter is the “Weak Mayor—Strong
Council Plan.” Except as otherwise provided by law or this charter, all
powers of the city are vested in the council. The city clerk-administrator
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
city affairs.
Section 2.02. Council Composition and Election.
The council shall be composed of a mayor and six council members who shall
be qualified electors and who shall be elected at-large. Each council
member shall serve for a term of four years and until his/her successor is
elected and qualifies. The mayor shall serve for a term of four years and
until a successor is elected and qualifies.
Section 2.03. Mayor. The mayor shall preside
at meetings of the council and shall have a vote as a member. The council
shall, at its annual meeting, choose from its members a president pro tem
who shall hold office at the pleasure of the council. He/she 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 be recognized as head
of the city government for all ceremonial purposes, by the courts for the
purpose of serving civil process, and by the governor for purposes of
martial law, but he/she shall have no administrative duties.
Section 2.04 Salaries. The mayor and council members
shall receive such compensation as is fixed by the council in accordance
with law. The city clerk-administrator and all subordinate officers and
employees of the city shall receive such salaries or wages as may be fixed
by the council.
Section 2.05 Prohibitions
{a} No
member of the council shall be appointed city clerk-administrator, nor
shall any member hold any paid municipal office or employment under the
city; and until one year after the expiration of his term as mayor or
council member no former member shall be appointed to any paid appointive
office or employment under the city which was created or the compensation
for which was increased during his/her term as council member.
{b} Except for
the purpose of inquiries, and investigations under Section 2.09, the
council or its members shall deal with city officers and employees who are
subject to the direction and supervision of the city clerk-administrator
solely through the city clerk-administrator, and neither the council nor
its members shall give orders to any such officer or employee, either
publicly or privately.
Section 2.06. Vacancies. An elective office
becomes vacant when the person elected or appointed thereto dies before
taking office or fails to qualify, or the incumbent dies, resigns in
writing filed with the city clerk-administrator, is convicted of a felony,
ceases to reside in the city, or is adjudged incompetent by a court of
competent jurisdiction. In each such case the council shall by resolution
declare the vacancy to exist and shall forthwith appoint an eligible
person to fill the vacancy for the remainder of the unexpired term.
Section 2.07 Judge of Qualifications.
The city council shall be the judge of the election and qualifications of
its members, and of the grounds for forfeiture of their office. In order
to exercise these powers, the council shall have power to subpoena
witnesses, administer oaths and require the production of evidence. A
member charged with conduct constituting grounds for forfeiture of office
shall be entitled to a public hearing on demand, and notice of such
hearing shall be published in one or more newspapers of general
circulation in the city at least one week in advance of the hearing.
Section 2.08. Secretary of the Council. The city
clerk-administrator shall act as secretary of the council. He/she shall
keep a journal of council proceedings and perform such other duties as
this charter or the council may require. The council may designate any
other city official or employee, except a member of the council, to act as
secretary of the council.
Section 2.09. Investigations. The city council may
make investigations into the affairs of the city and the conduct of any
city department, office, or agency and for this purpose may subpoena
witnesses, administer oaths, take testimony, and require the production of
evidence. Failure or refusal to obey a lawful order issued in the exercise
of these powers by the council shall be a misdemeanor punishable by a fine
or by imprisonment.
Section 2.10. Procedure
{a} Meetings. The council shall meet regularly at
least once each month at such times and places as the council may
designate by rule. The first meeting in January of each year shall be
considered the council’s Annual Meeting, at which time any newly elected
members of the council shall assume their duties and appointments such as
City Attorney, media outlets, etc. shall be made. The mayor or any three
members of the council may call special meetings of the council upon at
least twelve hours notice to each member and emergency meetings on less
than twelve hours notice to each member and such reasonable public notice
as may be prescribed by council rule in compliance with the laws of
Minnesota. To the extent provided by law, all meetings of the council and
its boards and committees shall be public and any citizen shall have
access to the minutes and records of the council and its boards and
committees at all reasonable times.
{b} Rules and Quorum. The council shall
determine its own rules and order of business. Voting, except on
procedural motions, shall be by either roll call or voice vote, and the
ayes and nays shall be recorded in the journal. Four members of the
council shall constitute a quorum, but a smaller
number may
adjourn from time to time and may compel the attendance of absent members
in the manner and subject to the penalties prescribed by the rules of the
council. No action of the council, except as
otherwise
provided in the preceding sentence, shall be valid or binding unless
adopted by the affirmative vote of a majority of the members of the
council in attendance, and unless more than a simple majority is required
by other sections of this charter or statute.
Section 2.11.
Ordinances, resolutions, and motions.
Except as otherwise provided in this charter, all legislation shall be by
ordinance. The votes of council members on any action taken shall be
recorded in accordance with statute. Except as otherwise provided by law
or this charter, an affirmative vote of a majority of all the members of
the council shall be required for the adoption of all ordinances and
resolutions.
Section 2.12. Procedure on Ordinances. Every proposed ordinance
shall be presented in writing. No ordinance shall contain more than one
subject which shall be clearly expressed in its title. The enacting clause
shall be “The City of Ortonville ordains.” No ordinance except an
emergency ordinance shall be adopted at the meeting at which it is
introduced and at least three days shall elapse between its introduction
and final passage.
Section 2.13. Emergency Ordinances. An emergency ordinance is an
ordinance necessary for the immediate preservation of the public peace,
health, morals, safety, or welfare in which the emergency is defined and
declared in a preamble and the ordinance is adopted by a vote of at least
five members of the council.
Section 2.14. Procedure on Resolutions. Every resolution shall be
presented in writing and read in full before adoption, unless the reading
is dispensed with by unanimous consent.
Section 2.15. Signing and Publication of Ordinances and Resolutions.
Every ordinance or resolution passed by the council shall be signed by the
mayor, attested by the city clerk-administrator, and filed and preserved
by him/her. Every ordinance shall be published at least once in the
official newspaper. To the extent and in the manner provided by law an
ordinance may incorporate by reference a statute, state administrative
rule, or regulation of Minnesota, a code, or ordinance or part thereof
without publishing the material referred to in full.
Section 2.16. When Ordinances and Resolutions Take Effect. Every
resolution and emergency ordinance shall take effect immediately upon its
passage or at such later date as it specifies. Every other ordinance shall
take effect 30 days after publication or at such later date as it
specifies. Every ordinance adopted by the voters of the city shall take
effect immediately upon its adoption or at such later date as it
specifies.
Section 2.17. Amendment and Repeal of Ordinances and Resolutions.
Every ordinance or resolution repealing all or part of a previous
ordinance or resolution shall give the number, if any, and the title of
the ordinance or resolution to be repealed in whole or in part. No
ordinance or resolution shall be amended by reference to the title alone,
but such amending ordinance or resolution shall set forth in full each
section or subdivision to be amended and shall indicate by appropriate
type or symbols matter to be omitted or added.
Section 2.18. Revision and Codification of Ordinances. The city may
revise, rearrange, and codify its ordinances with such additions and
deletions as may be deemed necessary. The ordinance code may be published
in book, pamphlet, or continuously revised loose-leaf form and copies
shall be made available by the council at the office of the city
clerk-administrator for general distribution to the public free or for a
reasonable charge. Publication in such a code shall be a sufficient
publication of any ordinance provision not previously published if a
notice that copies of the codification are available at the office of the
city clerk-administrator is published in the official newspaper for at
least two successive weeks.
Section 2.19. Boards, Committees and
Commissions. There shall be no separate administrative board of
health, library board, or any other administrative board or commission
except for the administration of a function jointly with another political
subdivision. The council shall itself be and perform the duties and
exercise the powers of such boards and commissions provided for by
statute. The council may establish boards, committees or
commissions to advise the council with respect to any municipal function
or activity, to investigate any subject of interest to the city, or to
perform quasi-judicial functions.
Chapter III
CITY
CLERK-ADMINISTRATOR
Section 3.01 The
City Clerk-Administrator. The city clerk-administrator shall be the
chief administrative officer of the city. He/she shall be chosen by the
council solely on the basis of training, experience, executive and
administrative qualifications. He/she need not be a resident of the city
at the time of appointment but may reside outside the city while in office
only with the approval of the council. The city clerk-administrator shall
be appointed for an indefinite term and may be removed at any time by an
affirmative vote of a majority of the council, but after he/she has served
as city clerk-administrator for one year, he/she may demand written
charges and a public hearing on the charges before the council prior to
the date when final removal takes effect. After the hearing, if one is
demanded, the council shall have unlimited discretion either to reinstate
the city clerk-administrator or make removal final. Pending the hearing
and removal, the council may suspend the city clerk-administrator from
office. With the approval of the council, the city clerk-administrator may
designate some properly qualified person to perform the duties of the city
clerk-administrator during his/her absence or disability or while the
office is vacant.
Section 3.02
Powers and Duties of the City Clerk-Administrator
{a} The
city clerk-administrator shall be responsible to the council for the
administration of the city’s affairs and shall have the powers and duties
set forth in the following subparagraphs. He/she shall:
{1} See that this charter
and the laws, ordinances, and resolutions of the city are enforced, shall
keep the public records, have custody and disburse the public funds, and
administer the city’s affairs as the council may prescribe.
{2} Direct and supervise
all departments, offices, and agencies of the city, except as otherwise
provided by law or charter.
{3} Attend all meetings of
the council and may take part in discussion but not vote; but the council
may, at its discretion, exclude him/her from any meeting at which his/her
removal is considered.
{4} Recommend to the
council for adoption such measures as he/she deems necessary for the
welfare of the people and the efficient administration of the city’s
affairs.
{5} Keep the council fully
advised on the financial condition and needs of the city, and he/she
shall, along with the Budget and Levy Committee, prepare and submit to the
council the annual budget and capital program.
{6} Submit to the council
and make available to the public a complete report on the finances and
administrative activities of the city at the end of each fiscal year.
{7} Perform such other duties as are prescribed by charter or may be
required by the council.
{b} He/she
may be designated to act as secretary of the council and also as
treasurer.
Section 3.03
Administrative Organization. The city council shall at all times have
an Administrative Code providing for a complete plan of administrative
organization and management of the city government and creating in
conformity with the express provisions of this charter such departments,
divisions, boards, and funds as the city may deem advisable. Except as
established by the provisions of this charter, the city council may by
ordinance adopted by five-sevenths vote of all council members amend the
Administrative Code or adopt a new Administrative Code, but no such change
in the Administrative Code shall be made in such manner as to affect any
rights of the city or the time and manner of payment of any obligations
due to or by the city with respect to any funds established by the
Administrative Code. No power or duty conferred by this charter upon a
particular office or agency shall be transferred to any other.
Section 3.04
Subordinate Officers. There shall be a deputy city clerk and such
other officers subordinate to the city clerk-administrator as the council
may establish by ordinance. The deputy city clerk shall be subject to the
direction of the city clerk-administrator. The council may by ordinance
abolish offices or departments which have been created by ordinance and it
may combine the duties of various offices as it may see fit.
Section 3.05
Purchases and Contracts. The city clerk-administrator shall be the
chief purchasing agent of the city. All city purchases and contracts shall
be made or let by the city clerk-administrator when the amount involved
does not exceed that amount as designated by ordinance. All other
purchases shall be made and all other contracts let by the council after
the recommendation of the city clerk-administrator has first been
obtained. Contracts shall be made in compliance with the State of
Minnesota municipal contracting law, and whenever competitive bids are so
required, the contract shall be let to the lowest responsible bidder. All
contracts, bonds, and instruments of any kind to which the city is a party
shall be signed by the mayor and the city clerk-administrator on behalf of
the city and shall be executed in the name of the city. The council may by
ordinance adopt further regulations for the making of bids and letting of
contracts.
Chapter IV
DEPARTMENTS, OFFICES, AND
AGENCIES
Section 4.01.
General Provisions
{a}
Creation of Departments. The city council may establish city
departments, offices, or agencies in addition to those created by this
charter and may prescribe the functions of all departments, offices, and
agencies. No function assigned by this charter to a particular department,
office, or agency may be discontinued or, unless this charter specifically
so provides, assigned to any other.
{b}
Direction by city clerk-administrator. All departments, offices, and
agencies under the direction and supervision of the city
clerk-administrator shall be administered by an officer appointed by the
city council and subject to the direction and supervision of the city
clerk-administrator. With the consent of the council, the city
clerk-administrator may serve as the head of one or more such departments,
offices, or agencies or may appoint one person as the head of two or more
of them.
Section 4.02.
City Attorney
{a}
Appointment. There shall be a city attorney of the city appointed by
the city council annually at the first meeting in January.
{b}
Role. The city attorney shall serve as chief legal advisor to the
council, the city clerk-administrator, and all city departments, offices
and agencies; shall represent the city in all legal proceedings; and shall
perform any other duties prescribed by state law, by this charter or by
ordinance.
Section 4.03.
Land Use, Development, and Environmental Planning
{a}
Consistent with all applicable federal and state laws with respect to land
use, development, and environmental planning, the city council shall:
{1} Designate an agency or
agencies to carry out the planning function and such decision-making
responsibilities as may be specified by ordinance;
{2} Adopt a comprehensive
plan and determine to what extent zoning and other land use control
ordinances must be consistent with the plan;
{3} Determine to what
extent the comprehensive plan and zoning and other land use ordinances
must be consistent with regional plan{s}; and
{4} Adopt development regulations, to be specified by ordinance, to
implement the plan.
{b} The
designated agency, the city clerk-administrator, and the mayor and council
shall seek to act in cooperation with other jurisdictions and
organizations in their region to promote integrated approaches to regional
issues.
Chapter V
TAXATION AND FINANCIAL
MANAGEMENT
Section 5.01.
Council to Control Finances. The council shall have full authority
over the financial affairs of the city. It shall provide for the
collection of all revenues and other assets, the auditing and settlement
of accounts, and the safekeeping and disbursement of public monies.
Section 5.02.
Fiscal Year. The fiscal year of the city shall begin on the first day
of January and end on the last day of December.
Section 5.03.
Budget. The budget shall provide a complete financial plan of all city
funds and activities for the ensuing fiscal year and, except as required
by law or this charter, shall be in such form as the city
clerk-administrator deems desirable or the city council may require for
effective management and an understanding of the relationship between the
budget and the city’s strategic goals. The budget shall show in detail all
estimated income, indicating the proposed property tax levy, and all
proposed expenditures, including debt service, for the ensuing fiscal
year; and shall be so arranged as to show comparative figures for actual
and estimated income and expenditures of the current fiscal year and
actual income and expenditures of the preceding fiscal year. It shall
indicate in separate sections:
{a} The
proposed income and expenditures for current operations during the ensuing
fiscal year, detailed for each fund by department or by other organization
unit, and program, purpose and activity, method of financing such
expenditures, and methods to measure outcomes and performance related to
the goals.
{b} The
anticipated income and expense, profit and loss for the ensuing year for
each utility or other enterprise fund or internal service fund operated by
the city. For any fund, the total of proposed expenditures shall not
exceed the total of estimated income plus carried forward fund balance
exclusive of reserves.
5.04. Council
Action on Budget
{a} The
budget shall be considered at the first regular monthly meeting of the
council in September and at subsequent meetings until a budget is adopted
for the ensuing year. The meetings shall be so conducted as to give
interested citizens a reasonable opportunity to be heard. The council may
revise the proposed budget but no amendment to the budget shall increase
the authorized expenditures to an amount greater than the estimated
income. The council shall adopt the budget not later than September 15 by
a resolution which 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. The council shall also adopt a resolution levying the amount of
taxes provided in the budget and the city clerk-administrator shall
certify the tax resolution to the county auditor in accordance with law
not later than September 15. Adoption of the budget resolution shall
constitute appropriations at the beginning of the fiscal year of the sums
fixed in the resolution for the several purposes named.
{b} The
city council shall publish the general summary of the budget and a notice
stating:
{1} The times and places
where copies of the budget are available for inspection by the public.
{2} The time and place,
not less than two weeks after such publication, for a public hearing on
the budget if required by law.
{c} After
the public hearing, the city council may adopt the budget with or without
amendment. In amending the budget, it may add or increase programs or
amounts and may delete or decrease any programs or amounts, except
expenditures required by law or for debt service or for an estimated cash
deficit, provided that no amendment to the budget shall increase the
authorized expenditures to an amount greater than total estimated income.
{d} As
used in this Chapter, the term “publish” means to print in the
contemporary means of information sharing, which includes but is not
limited to, one or more newspapers of general circulation in the city,
and, if available, in a web site.
Section 5.05. System of Taxation. Subject to state constitution,
and except as forbidden by it or by state law, the council shall have full
power to provide by ordinance for a system of local taxation. This
authority includes the power by ordinance to assess, levy, and collect
taxes on all subjects or objects of taxation except as limited or
prohibited by the state constitution, by this charter, or by laws imposing
restrictions upon the city irrespective of charter provisions.
Section 5.06. Amendments after Adoption
{a}
Supplemental Appropriations. If during or before the fiscal year the
city clerk-administrator certifies that there are available for
appropriation revenues in excess of those estimated in the budget, the
city council by ordinance may make supplemental appropriations for the
year up to the amount of such excess.
{b}
Emergency Appropriations. To address a public emergency affecting
life, health, property or the public peace, the city council may make
emergency appropriations. Such appropriations may be made by emergency
ordinance in accordance with the provisions of Section 2.13. To the extent
that there are no available unappropriated revenues or a sufficient fund
balance to meet such appropriations, the council may by such emergency
ordinance authorize the issuance of emergency notes, which may be renewed
from time to time, but the emergency notes and renewals of any fiscal year
shall be paid or refinanced as long-term debt not later than the last day
of the fiscal year next succeeding that in which the emergency
appropriation was made.
{c}
Reduction of Appropriations. If at any time during the fiscal year it
appears probable to the city clerk-administrator that the revenues or fund
balances available will be insufficient to finance the expenditures for
which appropriations have been authorized, the city clerk-administrator
shall report to the city council without delay, indicating the estimated
amount of the deficit, any remedial action taken by the city
clerk-administrator and recommendations as to any other steps to be taken.
The council shall then take such further action as it deems necessary to
prevent or reduce any deficit and for that purpose it may by ordinance
reduce or eliminate one or more appropriations.
{d}
Transfer of Appropriations. At any time during or before the fiscal
year, the city council may by resolution transfer part or all of the
unencumbered appropriation balance from one department, fund, service,
strategy or organizational unit to the appropriation for other departments
or organizational units or a new appropriation. The city
clerk-administrator may transfer funds among programs within a department,
fund, service, strategy or organizational unit and shall report such
transfers to the council in writing in a timely manner.
{e}
Limitation; Effective Date. No appropriation for debt service may be
reduced or transferred, except to the extent that the debt is refinanced
and less debt service is required, and no appropriation may be reduced
below any amount required by law to be appropriated or by more than the
amount of the unencumbered balance thereof. The supplemental and emergency
appropriations and reduction or transfer of appropriations authorized by
this section may be made effective immediately upon adoption.
Section 5.07. Administration and Fiduciary Oversight of the Budget.
The city clerk-administrator shall enforce strictly the provisions of the
budget. He/she shall not authorize any payment or the incurring of any
obligation by the city unless an appropriation has been made in the budget
resolution and there is a sufficient unexpended balance left after the
appropriation. No officer or employee of the city shall place any order or
make any purchase except for a purpose and to the amount authorized in the
budget resolution. Any obligation incurred by any person in the employ of
the city for any purpose not authorized in the budget resolution or for
any amount in excess of the amount authorized shall be a personal
obligation upon the person incurring the obligation. No check shall be
issued or transfer made to any account other than one owned by the city
until the claim to which it relates has been supported by an itemized
bill, payroll time sheet, or other document approved and signed by the
responsible city officer who vouches for its correctness and
reasonableness.
Section 5.08. Funds. There shall be maintained in the city
treasury a general fund and such other funds as may be required by this
charter, statute, ordinance, or resolution. Except as restricted by this
charter, the council may, by ordinance or resolution, make inter-fund
loans or transfers, except from trust and agency funds, as it may deem
necessary and appropriate.
Section 5.09. City Indebtedness. Except as provided in this
charter, no obligations shall be issued to pay current expenses, but the
council may issue and sell obligations for any other municipal purpose in
accordance with this charter. Except in the case of obligations for which
an election is not required by this charter or law, no such obligations
shall be issued and sold without the approval of the majority of the
voters voting on the question at a general or special election.
Section 5.10. Debt Limitation. No bonds of the city shall be
issued whereby its bonded indebtedness would be made to exceed four per
cent {4%} of the market value of the taxable property in the city or the
maximum allowed by law, whichever is greater, including monies and
credits; provided that certificates of indebtedness or bonds issued before
or after the adoption of this charter shall not be included in or counted
as a part of such bonded indebtedness if, {1} held in a sinking fund
maintained by the city; or {2} issued for the acquisition, equipment,
purchase, construction, maintenance, extension, enlargement or improvement
of streets, telephone lines, water, lighting, heat and power plants, or
any other public convenience from which a revenue is or may be derived,
owned and operated by the city, or the acquisition of property needed in
connection therewith, or the construction of public drainage ditches or
the acquisition of lands for, or for the improvement of streets, parks or
other public improvements, to the extent that they are payable from the
proceeds of assessments levied upon property specially benefited by such
ditches or improvements; or {3} issued for the creation or maintenance of
a permanent improvement revolving fund; or {4} for the purpose of
anticipating the collection of general taxes for the year in which they
are issued. Bonds may be issued by ordinance adopted by five-sevenths vote
of all council members within the limits prescribed above, and the city
may issue certificates of indebtedness or bonds to any limit prescribed
therein, without the approval of voters, if such issue be for either
extending, enlarging or improving water, lighting, or heat and power
plants owned and operated by the city, or of acquiring property needed in
connection therewith, or for the purpose of funding floating indebtedness
incurred by the city before the adoption of this charter, or for any
municipal purposes or improvements in respect to which the city is
authorized by any special or general law to incur indebtedness or issue
certificates of indebtedness or bonds at the time of the adoption of this
charter.
Section 5.11. Anticipation Certificates. At any time after
January 1 the council may issue certificates of indebtedness in
anticipation of state and federal aids and the collection of taxes levied
the previous year for any fund and not yet collected. The total amount of
certificates issued against any fund for any year together with interest
thereon until maturity shall not exceed the total of state and federal
aids and current taxes due to the fund and uncollected at the time of
issuance. Such certificates shall be issued on such terms and conditions
as the council may determine, but they shall become due not later than
April 1 of the year following their issuance. The proceeds of the tax
levied and such state or federal aids as the city council may have
allocated for the fund against which tax anticipation certificates are
issued and the full faith and credit of the city shall be irrevocably
pledged for the redemption of the certificates.
Section 5.12. Emergency Debt Certificates. If in any year the
receipts from taxes or other sources should from some unforeseen cause
become insufficient for the ordinary expenses of the city, or if any
calamity or other public emergency necessitates the making of
extraordinary expenditures, the council may by ordinance issue, on such
terms and in such manner as the council determines, emergency debt
certificates to run not to exceed three years. As required by law a tax
sufficient to pay principal and interest on such certificates with the
margin required by law shall be levied. The ordinance authorizing an issue
of such emergency debt certificate shall state the nature of the emergency
and be approved by at least five members of the council. It may be passed
as an emergency ordinance.
Section 5.13. Capital Program
{a}
Submission to City Council. The city clerk-administrator shall prepare
and submit to the city council a multi-year capital program no later than
three months before the final date for submission of the budget.
{b}
Contents. The capital program shall include:
{1} A list of all capital
improvements and other capital expenditures which are proposed to be
undertaken during the fiscal years next ensuing, with appropriate
supporting information as to the necessity for each;
{2} Cost estimates and
recommended time schedules for each improvement or other capital
expenditure;
{3} Method of financing
upon which each capital expenditure is to be reliant;
{4} The estimated annual
cost of operating and maintaining the facilities to be constructed or
acquired.
The above shall be
revised and extended each year with regard to capital improvements still
pending or in process of construction or acquisition.
Section 5.14.
City Council Action on Capital Program
{a}
Notice and Hearing. The city council shall publish a general summary
of the capital program and a notice stating:
{1} The times and places
where copies of the capital program are available for inspection by the
public, and
{2} The time and place,
not less than two weeks after such publication, for a public hearing on
the capital program.
{b}
Adoption. The city council by resolution shall adopt the capital
program with or without amendment after the public hearing and on or
before the 15th day of August, or earlier if required by state
statute.
Section 5.15.
Independent Audit. The city council shall provide for an independent
audit of all city accounts and may provide for more frequent audits, as it
deems necessary.
Section 5.16.
Public Records. Copies of the budget, capital program, independent
audits, and appropriation and revenue ordinances shall be public records.
Chapter VI
ELECTIONS
Section 6.01.
City Elections
{a}
Regular Elections. The regular city election shall be held on the
first Tuesday after the first Monday in November of even-numbered years
and every 2 years thereafter. The city clerk-administrator shall give at
least two weeks published notice of the time and place of holding such
election and of the officers to be elected, but failure to give such
notice shall not invalidate the election.
{b}
Special Elections. The council may by resolution order a special
election and provide all means for holding it. The city
clerk-administrator shall give at least two weeks published notice of a
special election. The procedure at such election shall conform as nearly
as possible to that prescribed for other city elections.
Section 6.02.
Procedure at Elections. Subject to this charter and applicable state
laws, the council may by ordinance further regulate the conduct of
municipal elections. Except as otherwise provided by this charter and
supplementary ordinances, general state laws on elections shall apply to
municipal elections.
Section 6.03.
Registered Voter Defined. All citizens legally registered under the
constitution and laws of the state of Minnesota to vote in the city shall
be registered voters in the city within the meaning of this charter.
Section 6.04.
Filing for Office. No earlier than 10 weeks or later than 8 weeks
before the municipal election, any voter of the city qualified under the
state constitution for elective office may, by filing an affidavit and
paying a filing fee of $2.00 to the city clerk-administrator, have his/her
name placed on the municipal primary ballot or, if there is no primary
election, on the municipal election ballot.
Section 6.05.
Methods of Electing Council Members. In order to align council member
and mayoral terms of office with the even-year election feature of Section
6.01{a} of this charter, the following procedures will be followed:
{a} The
November 2007 election for the 3 council member positions expiring in
January 2008 shall be filled by the 3 candidates receiving the greatest
number of votes, and they shall serve for a term of three years.
{b} The 3
council member and mayor positions expiring in January 2010 shall be
filled by the 3 council member candidates and mayoral candidate receiving
the greatest number of votes in the November 2009 election, and they shall
serve for a term of three years.
{c}
Commencing thereafter at the next regular election and at all subsequent
elections all council members and the mayor shall be elected for four-year
terms.
Chapter VII
REFERENDUM
Section 7.01
General Voter Authority. The voters of the city shall have the
right, in accordance with this charter, to require ordinances to be
submitted to a vote by the process known as referendum.
Section 7.02
Petitions. A referendum shall be initiated by a petition signed by
registered voters of the city equal in number to 15 percent of the
registered voters in the last preceding city election. Each petition shall
be sponsored by a committee of five voters whose names and addresses shall
appear on the petition. Each petition shall be substantially in the
following form:
REFERENDUM PETITION
Proposing
the repeal of an Ordinance entitled “_________________________” {or part
of an Ordinance entitled “_________________________” which part reads as
follows: {_______________________.”}
A copy of
said Ordinance is hereto attached.
The
proposed repeal is sponsored by the following committee of voters:
Name
Address
1.
2.
3.
4.
5.
The
undersigned qualified voters of the City of Ortonville, understanding the
nature of the measure hereto attached and believing it to be detrimental
to the welfare of the city, petition the council for its repeal or
submission to the voters for approval or rejection.
Name/Signature of Voter
Address
Each signer
shall sign his/her name and give his/her street address. Each separate
page of the petition shall have appended to it a certificate, verified by
oath, that each signature is the genuine signature of the person whose
name it purports to be. The person making the certificate shall be a
resident of the city. Any person whose name appears on a petition may
withdraw his/her name by a statement in writing filed with the city
clerk-administrator before the city clerk-administrator advises the
council of the sufficiency of the petition.
Section 7.03
Determination of Sufficiency. Immediately upon receipt of the
petition, the city clerk-administrator shall examine the petition as to
its sufficiency and report to the council within 20 days. Upon receiving
the report the council shall determine by resolution the sufficiency of
the petition.
Section 7.04
Disposition of Insufficient Petition. If the council determines that
the petition is insufficient or irregular, the city clerk-administrator
shall deliver a copy of the petition, together with a written statement of
its defects, to the sponsoring committee. The committee shall have 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 council finds
that the petition is still insufficient or irregular, the city
clerk-administrator shall file the petition in his/her office and notify
the sponsoring committee. The final finding that the petition is
insufficient or irregular 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 at its
option.
Section 7.05
Suspension of Ordinance and Election. Any ordinance upon which a
petition is filed, other than an emergency ordinance, shall be suspended
in its operation as soon as the petition is found sufficient. If the
ordinance is not thereafter entirely repealed by the council, it shall be
placed on the ballot at the next election or at a special election called
for that purpose, as the council determines. If a majority of the voters
voting thereon favors the ordinance, it shall go into effect immediately
or on the date specified in the ordinance. If a majority of the electors
voting thereon votes against the ordinance, it shall be considered
repealed upon certification of the election results. If a petition is
filed against an emergency ordinance, the ordinance shall remain in effect
but shall be repealed if a majority of the voters voting on the ordinance
vote against it.
Chapter VIII
PUBLIC IMPROVEMENTS
AND SPECIAL ASSESSMENTS
Section 8.01
Power to Make Improvements and Levy Assessments. The city may make
any type of public improvement not forbidden by law and levy special
assessments to pay all or any part of the cost of such improvements as are
of a local character. The total assessments for any local improvement may
not exceed the cost of the improvement, including all costs and expenses
connected therewith, with interest. No assessment shall exceed the
benefits to the property.
Section 8.02
Assessments for Services. The Council may provide by ordinance that
the cost of city services to streets, sidewalks, or other public or
private property may be assessed against property benefited and collected
in the same manner as special assessments.
Section 8.03
Local Improvement Procedures. When the city undertakes any local
improvement to which the state local improvement code applies, it shall
comply with the provisions of that law. The council may by ordinance
prescribe the procedure to be followed in making any other local
improvement and levying assessments therefor.
Chapter IX
EMINENT DOMAIN
Section 9.01
Acquisition of Property. The city may acquire, by purchase, gift,
condemnation, or otherwise, any property, either within or without its
boundaries, that may be needed by the city for any public purpose. In
acquiring property by exercising the power of eminent domain, the city
shall proceed according to Minnesota Statutes, Chapter 117 or other
applicable law.
Chapter X
FRANCHISES
Section 10.01
Franchises Required. Except as otherwise provided by law, no
person, firm, or corporation shall place or maintain any permanent or
semi-permanent 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 city clerk-administrator to guarantee publication before the
ordinance is passed.
Section 10.02
Term. No exclusive or perpetual franchise shall ever be granted. No
franchise for a term exceeding twenty years shall be effective until
approved by a majority of the electors voting thereon.
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 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 to be charged
by the grantee. No franchise value shall be included in the valuation of
the grantee’s property in regulating utility rates, fares, or prices under
any applicable law, ordinance, or regulation or in the proceedings for
municipal acquisition of the grantee’s property by purchase or eminent
domain.
Section 10.05
Renewals or Extensions. Every renewal or modification of a franchise,
including an existing franchise, shall be subject to the same limitations
and shall be granted in the same manner as a new franchise.
Chapter XI
PUBLIC OWNERSHIP AND
OPERATION OF UTILITIES
Section 11.01
Public Utility Department. The public water works; electric light and
power system; sanitary sewer system; health services system, including the
municipal hospital, municipal nursing home, and municipal medical clinic
building; municipal airport; municipal golf course, including golf
clubhouse and golf cart sheds; municipal swimming pool; municipal library;
and any other public utility or public convenience {MS 475.52} from which
a revenue is or may be derived, whether now or hereafter owned and
operated by the city, shall constitute one department of the city, known
as the “Public Utility Department,” and the city council shall have
general management and control thereof with full power to do all things
necessary for the proper construction, operation, maintenance,
improvement, acquisition, extension, and repair of such utilities.
Section 11.02
Regulations and Rates. Rates to be charged for all services,
materials, labor or benefits furnished by any such public utility,
including charges to be made for service or benefits furnished to the city
as a whole or any of its departments; rules and regulations necessary to
properly regulate furnishing such service and secure prompt payment of
bills; the method by which the city may acquire and collect liens upon
property for unpaid bills; such other rules and regulations as may be
necessary and penalties for violation of any rules and regulations; and
the manner and extent to which the city shall operate such public
utilities and furnish service outside the corporate limits of the city
shall be established or changed by resolution.
Section 11.03
Revenue Warrants. It shall be the duty of the council to see that
rates are adequate to provide funds to properly operate and maintain and
to pay interest and principal on any indebtedness which may be incurred
for capital expenditures for the construction, improvement, acquisition,
extension and repair of such public utilities. To provide funds necessary
for capital expenditures the council shall have power by resolution to
authorize the issuance of Revenue Warrants, which shall be payable solely
from the net revenues of the Public Utility Department, and the city shall
be expressly relieved by the terms thereof from any obligation to levy,
collect, use or apply any taxes or monies received from taxation to the
payment of either principal or interest on such Revenue Warrants, except
for the payment of service rendered to or benefits received by the city or
any of its departments. Such resolution shall fix the maximum amount of
Revenue Warrants thereby authorized; describe in general terms the nature
of the capital expenditures for which they are to be issued; and may
contain covenants determining what shall constitute net revenues of the
Public Utility Department, whether all or part of the net revenues shall
be pledged, and such other provisions as the council may deem necessary.
Such Revenue Warrants shall bear interest at a rate not to exceed the
maximum rate allowed by law, payable annually or semi-annually, and shall
mature at such time or times, be in such form and be sold under such terms
as the council may by resolution deem in the best interest of the city.
The council shall have power by resolution to issue Refunding Revenue
Warrants to refund outstanding Revenue Warrants whenever monies from the
net revenues pledged are insufficient to meet any maturing Revenue
Warrants or interest or at the optional or callable dates of such Revenue
Warrants and each issue of Refunding Revenue Warrants shall constitute the
same charge or lien on the net revenues of the Public Utility Department
as do the warrants refunded.
Section 11.04
Lease of Public Utilities. The council may by ordinance lease to any
person, firm, or corporation upon terms deemed advantageous to the city,
any of the utilities of the city except the public water works, electric
light and power system, and the sanitary sewer system, for a term not to
exceed ten years and may renew such lease for additional periods not to
exceed ten years.
Section 11.05
Sale of Public Utility. No public utility now or hereafter owned by
the city shall be sold or otherwise disposed of by the city unless the
full terms of the proposed sale or other disposition are embodied in an
ordinance passed by the council and approved by two-thirds of the voters
voting thereon at a general or special election. Any sale, lease or
abandonment of a water works or light plant shall be subject, in addition,
to the requirements of state law.
Section 11.06
Water and Light Reserve Fund. A separate fund, to be known as “Water
and Light Reserve Fund,” shall be maintained. It shall be the duty of the
council to make provision for such fund in the Administrative Code in
accordance with this section of the charter. No transfer shall ever be
made from the Water and Light Reserve Fund to any other fund whereby
monies on hand in said fund shall be reduced below $250,000, and no
transfer shall ever be made from such fund to any other fund except by
ordinance. The council shall have power to use any of the monies in the
Water and Light Reserve Fund for the purpose of making repairs or
improvements to the public waterworks and the electric light and power
system, or either of them; provided, however, that should the money on
hand in said Water and Light Reserve Fund at any time aggregate less than
$250,000, it shall be the duty of the council to annually transfer 25% of
the net earnings of the Public Utility Department to this fund until the
monies on hand in said fund shall again be not less than $250,000.
Chapter XII
GENERAL
PROVISIONS
Section 12.01
Official Publication. The council shall annually at its first
meeting of the year designate a legal newspaper of general circulation in
the city 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 12.02
Oath of Office. Every elected or appointed officer of the city
shall, before entering upon the duties of his/her office, take and
subscribe an oath of office in substantially the following form: “I do
solemnly swear {or affirm} to support the constitution of the United
States and of this state and to discharge faithfully the duties devolving
upon me as {title of office} of the city of Ortonville to the best of my
judgment and ability.”
Section 12.03
Official Bonds. The city clerk-administrator, city treasurer,
and such other officers or employees of the city as may be specified by
ordinance shall each, before entering upon the duties of his/her
respective office or employment, give a corporate surety bond to the city
as security for the faithful performance of his/her duties and the
safekeeping of the public funds. Such bonds shall be in such form and
amount as the council determines and may be either individual or blanket
bonds in the discretion of the council. They shall be approved by the city
council and filed with the city clerk-administrator. The provisions of
state laws relating to official bonds not inconsistent with this charter
shall be complied with. The premiums on such bonds shall be paid by the
city.
Section 12.04
Conflicts of Interest. Except as otherwise permitted by law, no
officer of the city who is authorized to take part in any manner in any
contract or other financial matter concerning the city shall voluntarily
have a personal financial interest in or personally benefit from such
contract. Any city officer or employee who has a direct or indirect
financial interest in {1} any contract with the city not prohibited by the
foregoing provision or any law or {2} any other matter with the city,
shall make known that interest and shall, except as permitted by MS471.88,
refrain from voting upon or otherwise participating in his/her capacity as
a city officer or employee in the making or performance of such contract
or in taking official action on such matter. Any city officer or employee
who willfully conceals such a financial interest or willfully violates the
requirements of this section shall be guilty of malfeasance in office or
position and shall forfeit his/her office or position. Violation of this
section with the express or implied knowledge of the person or corporation
contracting with the city shall render the contract voidable by the city
council or by a court of competent jurisdiction.
Section 12.05
Sale of Real Property. No real property of the city shall be
disposed of except by ordinance. The net cash proceeds of any sale of the
property shall be used to retire any outstanding indebtedness incurred by
the city in the acquisition of or improvement to the property. Any
remaining net proceeds shall be used to finance other improvements in the
capital improvement budget or to retire any other bonded indebtedness.
Section 12.06
Vacation of Streets. The council may by ordinance approved by at least
five members of the council vacate any street or alley or other public
grounds 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 procedures as
the council by ordinance may prescribe. A notice of completion of such
proceedings shall be filed with the proper county officers in accordance
with law.
Section 12.07
Prohibitions
{a}
Activities Prohibited
{1} No person shall be
appointed to or removed from, or in any way favored or discriminated
against with respect to any city position or appointive city
administrative office because of race, gender, age, sexual orientation,
disability, religion, country of origin, or political affiliation.
{2} No person shall
willfully make any false statement, certificate, mark, rating or report in
regard to any test, certification or appointment under the provisions of
this charter or the rules and regulations made thereunder, or in any
manner commit or attempt to commit any fraud preventing the impartial
execution of such provisions, rules and regulations.
{3} No person who seeks
appointment or promotion with respect to any city position or appointive
city administrative office shall directly or indirectly give, render or
pay any money, service or other valuable thing to any person for or in
connection with his/her test, appointment, proposed appointment, promotion
or proposed promotion.
{4} No person shall
knowingly or willfully solicit or assist in soliciting any assessment,
subscription or contribution for any political party or political purpose
to be used in conjunction with any city election from any city officer or
city employee.
{5} No city officer or
city employee shall knowingly or willfully make, solicit or receive any
contribution to the campaign funds of any political party or committee to
be used in a city election or to campaign funds to be used in support of
or opposition to any candidate for election to city office or city ballot
issue. Further, no city employee shall knowingly or willfully participate
in any aspect of any political campaign on behalf of or opposition to any
candidate for city office. This section shall not be construed to limit
any person’s right to exercise rights as a citizen to express opinions or
to cast a vote nor shall it be construed to prohibit any person from
active participation in political campaigns at any other level of
government.
{b}
Penalties. Any person convicted of a violation of this section shall
be ineligible for a period of five years following such conviction to hold
any city office or position and, if an officer or employee of the city,
shall immediately forfeit his/her office or position. The city council
shall establish by ordinance such further penalties as it may deem
appropriate.
Section 12.08
City to Succeed to Rights and Obligations. The city shall
succeed to all the property, rights, and privileges, and shall be subject
to all legal obligations of the city under the former charter.
Section 12.09
Existing Ordinances Continued. All ordinances and regulations
of the city in force when this charter takes effect and not inconsistent
with this charter are continued in full force and effect until amended or
repealed.
Section 12.10
Pending Condemnations, Improvements, and Assessments. Any
condemnation, improvement, or assessment proceeding in progress when this
charter takes effect shall be continued and completed under the laws under
which such proceedings were begun. All assessments made by the city prior
to the time when this charter takes effect shall be collected as if this
charter had not been adopted.
Section 12.11
Ordinances to Make Charter Effective. The council shall by
ordinance, resolution, or other appropriate action take such steps as may
be necessary to make effective the provisions of this charter.
Section 12.12
Present Officers Continued. The present officers of the city
shall continue in their respective offices and functions and shall
continue to govern the city under the laws and charter previously in
effect until the officers provided for by this charter have been elected
and qualify. They shall make such financial and other provisions for the
fiscal year 2006 as will serve to carry on the government until a
government has been set up under this charter, and they shall make
provisions for the election of the first city council as provided in
Chapter VI of this charter.
Section 12.13
Severability. If any provision of this charter is held invalid,
the other provisions of the charter shall not be affected. If the
application of the charter or any of its provisions to any person or
circumstance is held invalid, the application of the charter and its
provisions to other persons or circumstances shall not be affected.
Section 12.14 This
charter becomes effective December 10, 2005.
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