06.01.89 Amended City Charter55'78526
CITY,'CRYSIAL 4141 Douglas Drive North • Crystal, MN 55422-1696 •537-8421
ADMINISTRATIVE OFFICE
x
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss
CITY OF CRYSTAL
I, Darlene George, duly appointed and qualified City Clerk
of the City of Crystal, do hereby certify that the attached is
a true and correct copy of the official City of Crystal Charter
as amended, and adopted by the Crystal City Council on February
21, 1989 to become effective on June 1, 1989.
Witness my hand as such City Clerk and the corporate seal
of said City of Crystal this 22nd day of September, 1989.
Darlene George
City Clerk
City of Crystal
S E, AT,
CITY -/'CRYSTAL
4141 Douglas Drive North • Crystal, MN 55422-1696 9537-8421
ADMINISTRATIVE OFFICE
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
CITY OF CRYSTAL
I, Darlene George, duly appointed and qualified City Clerk
of the City of Crystal, do hereby certify that the attached is
a true and correct copy of the official City of Crystal Charter
as amended, and adopted by the Crystal City Council on February
21, 1989 to become effective on June 1, 1989.
Witness my hand as such City Clerk and the corporate seal
of said City of Crystal this 22nd day of September, 1989.
_.Cjmz� z&tiv--
Darlene George
City Clerk
City of Crystal
Crystal City Charter
55'78526
CHA
CITY OF CRYSTAL, MINNESOTA
ORIGINALLY ADOPTED ON
AUGUST 23, 1960
REVISED AND AMENDED BY ORDINANCE NO. 89-3
XNE 1, 1989
TABLE OF CONTENTS
CRYSTAL CITY CRARTER
Chapter 1. GENERAL PROVISIONS.
Section I.01_ Name and Boundaries.
Section 1.02. Powers.
Section 1.03. Charter a Public Act.
Chapter 2. FORM OF GOVERNMENT.
Section 2.01.
Form of Government. 2
Section 2.02.
Boards and Commissions. 2
Section 2.03.
Councilmembers; Qualifications and Terms. 2
Section 2.04.
Resident Councilmembers. 2
Section 2.05.
Wards. 2
Section 2.06.
Incompatible City Offices. 3
Section 2.07.
Council Vacancies. 3
Section 2.08.
The Mayor. 3
Section 2.09.
Salaries. 3
Section 2.10.
Investigation of City Affairs. 3
Section 2.11.
Interferences with Administration. 4
Chapter 3. COUNCIL PROCEDURE.
Section 3.01.
Council Meetings. 5
Section 3.02.
Council Officers. 5
Section 3.03.
Rules of Procedure and Quorum. 5
Section 3.04.
Ordinances, Resolutions, and Motions. 5
Section 3.05.
Procedure on Ordinances. 5
Section 3.06.
Emergency Ordinances. 5
Section 3.07.
Procedure on Resolutions. 5
Section 3.08.
Signing and Publication of Ordinances and Resolutions. 5
Section 3.09.
When Ordinances and Resolutions Take Effect. 5
Section 3.10.
Amendment and Repeal of Ordinances and Resolutions. 6
Section 3.11.
Revision and Codification of Ordinances. 6
Chapter 4. NONIINATIONS AN L.) ELECTIONS.
Section 4.01.
General Election Laws to Apply. 7
Section 4.02.
Regular City Elections. 7
Section 4.03.
Primary Election. 7
Section 4.04.
Special Elections. 7
Section 4.05
Judges of Election. 7
Section 4.06.
Nominations by Petition. 7
Section 4.07.
Nomination Petitions. 7
Section 4.08.
Withdrawal of Candidate. 9
Section 4.09.
Canvass of Elections and Taking Office. 9
PAGE
PAQE
Chapter 5. INITIATIVE AND REFERENDUM.
Section 5.01.
Powers Reserved by the People.
10
Section 5.02.
Expenditures by Petitioners.
10
Section 5.03.
Initiative.
10
Section 5.04.
Forms.
10
Section 5.05.
Filing of Petition: Duties of Clerk.
12
Section 5.06.
Council Action on Petition.
12
Section 5.07.
Ballots.
12
Section 5.08.
Amendment and Repeal.
12
Section 5.09.
The Referendum.
12
Section 5.10.
Referendum Petition.
12
Chapter 6. ADMINISTRATION OF CITY.
Section 6.01.
City Manager.
14
Section 6.02.
Manager: Powers and Duties.
14
Section 6.03.
Departments.
14
Section 6.04.
Officers.
14
Section 6.05.
Purchases and Contracts.
15
Section 6.06.
Contracts: Bids.
15
Chapter 7. TAXATION AND FINANCE.
Section 7.01.
Council Controls Finances.
16
Section 7.02.
Fiscal Year.
16
Section 7.03.
System of Taxation.
16
Section 7.04.
Preparation of Budget.
16
Section 7.05.
Adoption of Budget.
16
Section 7.06.
Enforcement of Budget.
16
Section 7.07.
Alterations in Budget.
17
Section 7.08.
Emergency Appropriations.
17
Section 7.09
Disbursements.
17
Section 7.10.
Funds.
17
Section 7.11.
Accounting.
17
Section 7.12.
Debt.
17
Section 7.13.
Tax Anticipation Certificates.
17
Chapter 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS.
Section 8.01.
Powers.
18
Section 8.02.
Current Services.
18
Chapter 9. EMINENT DOMAIN.
` Section 9.01.
Acquisition of Property.
19
Chapter 10. FRANCHISES AND PUBLIC UTILITIES.
Section 10.01.
Franchises Required.
20
Section 10.02.
Ordinance.
20
Section 10.03.
Term.
20
Section 10.04.
Public Hearing.
20
Section 10.05.
Publication Cost.
20
Section 10.06.
Power of Regulation Reserved.
20
Section 10.07.
Renewals.
20
Chapter 11. PUBLIC UTILITIES.
Section 11.01.
Acquisition.
21
Section 11.02.
Lease of Plant.
21
Section 11.03.
Sale of Utility.
21
Chapter 12. MISCELLANEOUS
AND TRANSITORY PROVISIONS.
Section 12.01.
Official Publications.
22
Section 12.02.
Oath of Office.
22
Section 12.03.
Interest in Contracts.
22
Section 12.04.
Official Bonds.
22
Section 12.05.
Sale of Real Property.
22
Section 12.06.
Vacation of Streets.
22
Section 12.07.
Effect of 1989 Charter Revision.
22
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Crystal City Charter
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Crystal City Charter
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Chapter 1
General Provisions
Section 1.01. Name and Boundaries. The City of Crystal is and will continue to be a municipal
corporation with the boundaries existing on June 1, 1989, or as later modified by law.
Section 1.02. sowers. The city has all powers that it is now or hereafter possible for a municipal
corporation in the State of Minnesota to exercise in harmony with the constitution of the State of
Minnesota and of the United States. It is the intention of this charter that every power that the people
of the city might lawfully confer upon themselves as a municipal corporation by specific enumera-
tion in this charter is deemed to have been so conferred by this section. This charter is to be construed
liberally in favor of the city, and the specific mention of particular powers in this charter is not to
be construed as limiting in any way the generality of the powers conferred by this section.
Section 1.03. Charter a Publig Ael. This charter is a public act and need not be pleaded or proved
in any case.
CHAPTER 2
I;u KIT,
Section 2.01. Form of Government. The form of government established by this charter is the
council-manager plan. The council exercises the legislative power of the city and determines matters
of policy. The city manager is responsible to the council for the proper administration of city affairs.
Section 2.02. Boards and Commissions. There are no separate administrative boards or
commissions except the civil service commission, if a civil service commission exists pursuant to
law, and boards and commissions established for the administration of a municipal function jointly
with another political subdivision. The council performs the duties and exercises the powers of ad-
ministrative boards orcommissions. The council may by ordinance establish boards 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.
Section 2.03. Council Members: Qualifications and Tgrms. Subdivision 1. The council is
composed of a mayor and six councilmembers who must be eligible voters of the city and must
further qualify for office as provided in this charter.
Subd. 2. The mayor and councilmembers may hold another compatible public office.
Subd. 3. The mayor and councilmembers must be residents of the city. The resident councilmem-
bers must satisfy the residence requirements of section 2.04.
Subd. 4. The mayor is elected at large. A ward resident councilmember is elected by the eligible
voters of the ward in which the councilmember resides. A section resident councilmember is elected
by the eligible voters of the section in which the councilmember resides.
Subd. 5. The mayor and councilmembers are elected for three year terms and serve until their
successors are elected and qualified for office.
Subd. 6. The terms of office of the mayor and councilmembers in office on June 1, 1989 continue
in accordance with the transitional schedule set forth in section 2.03 of this charter as originally
adopted on August 23, 1960.
Section 2.04. Resident Councilmembers. Four of the councilmembers must be ward resident
councilmembers and are qualified as follows: one councilmember must be, at the time of election
or appointment, a resident of the First Ward; one councilmember must be, at the time of election or
appointment, a resident of the Second Ward; one councilmember must be, at the time of election or
appointment, a resident of the Third Ward; one councilmember must be, at the time of election or
appointment, a resident of the Fourth Ward. Two councilmembers must be section resident
councilmembers and qualify as follows: one councilmember must be, at the time of election or
appointment, a resident of Section One, consisting of Wards One and Two; and one councilmember
must be, at the time of election or appointment, a resident of Section Two, consisting of Wards Three
and Four. Continued residence in the ward or section in which the councilmember resides at the time
of election or appointment is a required qualification to hold office during the councilmember's
term.
Section 2.05. Wards. The city is divided into four wards. Review of the wards must be made by
the council and the wards reapportioned no later than two years after the year in which a federal
census is taken so that each ward contains not more than 30% nor less than 20% of the population
of the city. Reapportionment is by ordinance. If the council does not reapportion within the period
Crystal City Charter Page 3
prescribed, the mayor and councilmembers forfeit all remuneration until the wards of the city are
reapportioned as required by this section. The wards of the city are those described by ordinance as
of June 1, 1989.
Section 2.06. Incompatible Cry Offices. A member of the council may not be appointed city
manager. A member of the council may not be a city officer or be employed by the city for pay. A
member of the council may not, for a period of one year after expiration of the member's term of
office, be a city officer or be employed by the city for pay.
Section 2.07. Council Vacancies. A vacancy in the office of mayor or councilmember exists for
the following reasons:
(a) failure of a person elected thereto to qualify on or before the date of the second regular
meeting of the council in the year subsequent to the election;
(b) death of the member;
(c) resignation of the member;
(d) the member ceasing to be a resident of the city or of the ward or section from which elected;
(e) continuous absence from the city for more than three months;
(f) conviction of the member of a felony either before or after qualification for office;
(g) failure of the member without good cause to perform the duties of office for a period of
three months;
(h) removal of the person from office; or
(i) any reason specified by law.
When a vacancy occurs the council must by resolution declare the vacancy to exist and forthwith
appoint an eligible person to fill the office until the next regular municipal election when the office
is filled for the unexpired term.
Section 2.08. The Major. The mayor is the presiding officer of the council. The council must
choose from its members a mayor pro tem who holds office at the pleasure of the council and serves
as mayor in the mayor's disability or absence from the city or when a vacancy in the office of mayor
exists. The mayor:
(a) exercises the powers and performs the duties conferred on the mayor by this charter, the
ordinances of the city, and the laws of the state;
(b) is the official head of the city for ceremonial purposes, for purposes of the service of civil
process, and for the purposes of martial law; and
(c) must study the operation of the city government and report to the council neglect, dereliction
of duty, or waste on the part of any officer or department of the city.
In time of public danger or emergency the mayor may, with the consent of the council, take command
of the police, maintain order and enforce the law.
Section 2.09. Salaries. The salaries of the mayor and councilmembers are fixed by ordinance in
the manner provided by law.
Section 2.10. Investigation of City Affairs. The council and the city manager, or either of them,
and any officer or officers formally authorized by them, or either of them, may make investigations
into the city's affairs, subpoena witnesses, administer oaths, and compel the production of books and
papers. The council may provide for an examination or audit of the accounts of any officer or
department of the city government. The council may conduct surveys or research studies of subjects
of municipal concern.
Crystal City Charter
Page 4
Section 2.11. Interferences with Administration. Neither the council nor any member of the
council may dictate the appointment of a person to an office or employment by the city manager. The
council may not interfere with the city manager or prevent the city manager from exercising
judgment in the appointment of officers and employees in the administrative service. Except for
purposes of inquiry the council and its members mu st deal with and control the administrative service
solely through the city manager. Neither the council nor any member of the council may give orders,
publicly or privately, to a subordinate of the city manager.
i
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Crystal City Charter
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Section 3.01. Council Meetings. At the first regularly scheduled council meeting in January
following a regular eity clection, the newly elected irne m bets of the council assume their duties. The
council meets at such time each month as prescribed by ordinance or resolution, but not less
frequently than once each month. The mayor or three councilmambers may call a special meeting
of the council upon notice to councilmembers and such other notice as required by law_ Notice of
a special rneeting must be delivered personally to each member or left at the member's usual place
of residence with some responsible person. Meetings of the council are public meetings. Any person
may ins pect the mi n u tes, and records of the meeti ngs at reasonable times and in accordance with law.
Section 3.02. Council Officers. The council may choose the officers and employees it finds
necessary to serve at its meetings. The council must appoint a secretary of the council. The secretary
must keep a journal of council proceedings and perform the duties required by this charter and
ordinance. The council may designate any officer or employee of the city except the city manager,
the mayor or a councilmember as secretary.
Section 3.03. Rules of Procedure and Quorum. The council determines its own rules and order
of business. A majority of all members elected is 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. Ordinances. Resolutions, and Motions. Legislation must be enacted by ordinance.
The "yes" and "no" votes on ordinances, resolutions and motions must be recorded unless the vote
is unanimous. Except as otherwise provided by this charter or law an affirmative vote of a majority
of all the members of the council is required for the passage of ordinances and resolutions.
Section 3.05. Procedure on Ordinances. The enacting clause of an ordinance is "The City of
Crystal ordains:". An ordinance must be presented in writing. Except as provided in section 3.06,
an ordinance may not be adopted at the meeting during which it is introduced. At least 14 days must
elapse between the introduction of an ordinance and its final passage.
Section 3.O6. hmernener ordinances. An emergency ordinance is an ordinance necessary for the
immediate preservation of the ptiblic peace, health, morals, safety orwelfare in which the emergency
is defined and declared in the preamble to the ordinance, No prosecution may be based upon the
provisions of an emergency ordinance unti124 hours after the ordinance has been filed with the city
clerk and posted in three conspicuous places in the city or until the ordinance has been published
unless the person charged with violation of the ordinance had actual Notice of the passage of the
ordinance prior to the act or omission constituting the alleged violation.
Section 3.07. Procedure on Resolutions. A resolution must be presented in writing and read in full
before a vote is taken unless the reading of a resolution is dispensed with by unanimous consent of
the council.
Section 3.09. . ice, and Publication of Ordinances and Resolutions. An ordinance or
resolution passed by the council must be signed by the mayor or by two councilmembers, attested
by the city clerk and filed and preserved by the city clerk. An ordinance must be published once in
the official newspaper of the city.
Section 3.09. When Ordinances and Resolutions Take Effect. Resolutions and emergency
ordinances are effective immediately upon passage or at a later date stated in the ordinance or
Crystal City Charter Page 6
resolution. Any other ordinance is effective 30 days after publication of the ordinance or a later date
stated in the ordinance. An ordinance adopted by the voters of the city under chapter 5 is effective
upon its adoption or at a later time stated in the ordinance.
Section 3.10. Amendment and Reveal of Ordinances and Resolutions. An ordinance or
resolution repealing a prior ordinance or resolution or section, subdivision or separately identified
clause thereof must state the number, or if no number has been assigned, the title of the ordinance
or resolution to be repealed in whole or in part. An ordinance or resolution or section, subdivision
or clause thereof may not be amended by reference to the title only. The amending ordinance or
resolution must set forth in full each section, subdivision or clause to be amended and indicate new
matter by underscoring and matter to be omitted by striking out. In newspaper publication, the same
indication of omitted and new matter must be used but italics or bold-faced type may be substituted
for underscoring and stricken matter may be printed in capital letters within parentheses.
Section 3.11. Revision and Codification of Ordinances. The council may, pursuant to this section
and law, revise, rearrange, and codify the ordinances of the city with the additions and deletions
found necessary by the council. The ordinance code may be prepared in book, pamphlet or
continuously revised loose leaf form. Copies of the code must be kept available at the office of the
city clerk for general distribution to the public free or at a reasonable charge. Preparation of the code
is sufficient publication of an ordinance provision not previously published if a notice is published
in the official newspaper for two successive weeks stating that copies,of the code are available at the
office of the city clerk.
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Crystal City Charter
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Crystal City Charter
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CHAPTER 4
Section 4.01. General Election Laws to A11111y. Except as otherwise provided in this chapter the
general laws of the State of Minnesota pertaining to registration of voters and the conduct of primary,
special and general elections apply to city elections. The council may by ordinance adopt suitable
and necessary regulations for the conduct of elections.
Section 4.02. Regular City Elections. A regular city election is held on the first Tuesday after the
first Monday in November of the year in which an election is to be held. The election is held at the
place or places designated by resolution of the city council. At least 15 days' notice of the election
must be given by the city clerk. The notice must state the time and places of holding the election,
the officers to be elected, and the questions, if any, to be voted on. The notice must be posted in at
least one public place in the ward or wards where the election is held. The notice must be published
at least once in the official newspaper of the city. Failure to give notice of the election does not
invalidate the election.
Section 4.03. Primary Election. If the names of three ormore persons have been filed as candidates
for a ward or section election, or for any citywide office, the council must provide by resolution for
a primary election to be held citywide or in the ward or section. The primary election is held on a
date not less than 25 days prior to the regular city election. Notice of the primary election is given
in the same manner as provided in section 4.02 for regular elections. Failure to given notice of the
primary election does not invalidate the election.
Section 4.04. Special Elections. The council may by resolution order a special election as provided
by law and establish the procedures for holding the election. Notice of the election, in substantially
the form required by section 4.02, must be published once in each of three consecutive weeks in the
official newspaper. The procedure at a special election must conform as nearly as possible to that
prescribed by this charter and law for other city elections.
Section 4.05. Judges of Election. At least 25 days before a city election the council must appoint
eligible voters as election judges for each precinct in the manner provided by law.
Section 4.06. Nominations by Petition. Candidates for elective offices of the city are nominated
by petition in the form prescribed by section 4.07 filed with the city clerk. The petition must be
signed by at least ten persons eligible to vote for the office to be filled. An eligible voter may not
sign petitions for more candidates for an office than the number of persons to be elected to that office,
and, if this is done, the signatures of the voter on the petition or petitions last filed are invalid. The
clerk must prepare ballots containing the names of the candidates for an office in the manner
provided by law or ordinance. The council may by resolution set the filing fee for a petition.
Section 4.07. NULGioation Petitions. The signatures on a nomination petition need not be appended
to one paper, but to each separate paper there must be attached an affidavit of the circulator of the
paper stating (a) the number of signers of the paper, (b) that each signature on the paper was made
in the presence of the circulator, and (c) that the signature on the paper is the signature of the person
whose name it purports to be. The form of the nomination petition is fixed as follows:
Nomination Petition
We, the undersigned, eligible voters of the City of Crystal, Minnesota, hereby nominate and sponsor
, whose residence is . for the office of , to be voted for
at the election to be held , (Year). We individually certify that we are eligible voters
and that we have not signed more nomination petitions of candidates for this office than there are
persons to be elected thereto.
Name
Street and Name
, being duly sworn, deposes and says that (he)(she) is the circulator of the foregoing
petitio paper containing signatures, and that the signatures appended thereto were
made in (his)(her) presence and are the signature of the persons whose names they purport to be.
Signed
Subscribed and sworn to before me this day of , (Year).
(Seal)
Notary
If this petition is found insufficient by the city clerk, it is to be returned to
at (address).
I will accept the office of if elected thereto.
Signed
(Nominee)
Crystal City Charter Page 9
Crystal City Charter
Page 10
Section 4.08. Withdrawal of Candidate. A person nominated as a candidate pursuant to this
chapter may withdraw as a candidate by filing a written request to withdraw with the city clerk no
later than 12 o'clock noon on the day following the last day for filing. The name of a candidate who
has withdrawn may not be printed on the election ballot. If a withdrawal reduces the number of
candidates to less than two, other nominations for the office may be filed not later than 63 days prior
to the election.
Section 4.09. Canvass of Elections and Taking Office. The council must (a) meet and canvass
the election returns no later than five days after a regular or special election, (b) declare the results
of the election as soon as possible, and (c) file a statement of the results of the election with the city
clerk. The statement must be made a part of the minutes of the council meeting. The statement must
include: (a) the total number of valid ballots cast; (b) the total number of spoiled or defective ballots;
(c) the vote for each candidate or question, with a declaration of those who are elected and questions
approved or disapproved; (d) a true copy of the ballots used; (e) the names of the judges of election;
and (f) such other information as the council finds necessary. The city clerk must promptly notify
persons elected of their election. The persons elected take office at the time provided in section 3.01
upon taking, subscribing to and filing with the city clerk the oath of office required by law and this
charter.
CHAPTER 5
INITIATIVE AND REFERENDUM
Section 5.01. Powers Reserved by the People, The people of the city reserve to themselves the
power, in accordance with the provisions of this charter (a) to initiate and adopt ordinances, except
ordinances appropriating money or authorizing the levy of taxes, and (b) to require ordinances,
except ordinances appropriating money or authorizing the levy of taxes, enacted by the council to
be referred to the voters of the city for approval. These powers are the initiative and referendum,
respectively.
Section 5.02. Exnenditures by Petitioners. Members of initiative and referendum committees,
circulators of petition signature papers described in this charter and signers of such papers, or any
other person may not accept or offer a reward of any nature for service rendered in connection with
the circulation of a petition. A committee may incur reasonable and necessary expenses for
stationery, copying, printing and notary fees. Violation of this section is a misdemeanor.
Section 5.03. Initiative. The initiative is governed by sections 5.03 through 5.08. Five eligible
voters may form a committee to initiate an ordinance. Prior to circulating a petition the committee
must file a certified copy of the initiated ordinance with the city clerk with a list of the names and
addresses of the members of the committee. A certified copy of the initiated ordinance must be
attached to each of the signature papers together with the names and addresses of the members of
the committee.
Section 5.04. The initiative petition consists of the initiated ordinance and signature papers
attached. The petition is not complete unless signed by a number of eligible voters equal to at least
five percent of the number of registered voters registered in the city on the date of the regular city
election imimdiately preceding the filing of the petition. ne signatures attached to a petition need
not be appended to one paper, but to each separate paper there must be attached an affidavit of the
circulator of the paper staring (a) the number of signers of each paper, (b) that each signature on the
paper was made in the presence of the circulator, and (c) that the signature on the paper is the
signature of the person whose name it purports to be. The form of the initiative petition is fixed as
follows:
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Crystal City Charter
Page 11
INITIATIVE PETITION
Proposing an ordinance to (stating the purpose of the ordinance), a copy of which ordinance
is hereto attached. This ordinance is sponsored by the following committee of eligible voters:
Dame
1.
2.
3.
4.
5.
Address
The undersigned eligible voters, understanding the terms and nature of the ordinance attached,
petition the council for its adoption or, in lieu thereof, for its submission to the voters for their
approval.
Name
1.
2.
Signed
Address
Subscribed and sworn to before me this day of , (Year).
(Seal)
Notary
Crystal City Charter Page 12
Section 5.05. Filing of Petition: Duties of Clerk. The signature papers and the petition are filed
as one instrument with the city clerk. No later than five days after the filing of the petition the clerk
must determine if the petition complies with this chapter. If the clerk determines that the petition
does not comply with this chapter, the clerk must promptly notify in writing one or more of the
initiative committee of that fact in a notice stating the reasons for the determination of non-
compliance. During the 30 days following the clerk's notice the committee may file additional
signature papers or otherwise amend the petition to comply with this chapter. 1 f upon examination
of an amended petition the clerk determines that the petition does not comply with this chapter, the
clerk must file the petition and notify each member of the initiative committee of that fact. After the
final determination of non-compliance by the clerk a new petition proposing the same or a similar
ordinance may be submitted in accordance with this chapter and the council may submit the proposed
ordinance to the voters at a regular or special election.
Section 5.06. Council Action on Petition. If the petition is in compliance with this chapter the clerk
must certify that fact together with the petition to the council at its next regular meeting or at a special
meeting called to consider the petition. The council must consider the ordinance at the meeting and
provide for a prompt public hearing on the ordinance. The council must act on the ordinance as
prescribed in this section within 65 days after certification of the petition by the clerk. If the council
does not enact the ordinance, the ordinance must be submitted to the voters at the next regular city
election. If the number of signers of the petition is equal to at least ten percent of the number of
registered voters in the city on the date of the regular city election immediately prior to the date of
filing of the petition, the council must submit the ordinance to the voters at a special election. The
special election must be held (a) not less than 30 days before nor more than 45 days after the date
of final action on the ordinance by the council or (b) no later than 65 days after the date of certification
of the petition to the council when there has been no final action on the ordinance by the council. If
a regular city election is to occur within three months, the council may submit the ordinance to the
voters at that regular election. If the council enacts the proposed ordinance with amendments and
at least four -fifths of the committee of petitioners do not express their dissatisfaction with the
amended ordinance by a statement to that effect filed with the city clerk no later than ten days after
enactment of the ordinance, the ordinance need not be submitted to the voters.
Section 5.07. Ballots. The ballot at an election on an ordinance initiated under this chapter must
state the substance of the ordinance and contain appropriate instructions for the voters to indicate
"yes" or "no" on the question of its adoption. If approved by a majority of the voters the ordinance
is effective as provided in section 3.09. Any number of initiated ordinances may be voted on at the
same election, but the voters must be permitted to vote for or against each ordinance separately.
Section 5.08. Amendment and Repeal, During the one year period following its effective date an
ordinance adopted by the vote of the people may be repealed or amended only by a vote of the people.
Section 5.09. The Referendum. The referendum is governed by sections 5.09 and 5.10. If, prior
to the effective date of an ordinance, a petition signed by eligible voters equal to at least five percent
of the number of registered voters in the city on the date of the regular city election immediately
preceding the filing of the petition is filed with the city clerk requesting that the ordinance be repealed
or submitted to the voters, the ordinance is not effective. The council must at its next regular meeting
either repeal the ordinance or re -affirm the ordinance as enacted. If the ordinance is re -affirmed by
the council, the council may order a special election on the ordinance or submit the ordinance to the
voters at the next regular municipal election. If a majority of the voters vote against the ordinance
it is not effective. If a majority of the voters vote in favor of the ordinance it is effective as provided
in section 3.09.
Section 5.10. Referendum Petition. The requirements of sections 5.03 and 5.04 for the formation
of committees for the initiative and the form of petitions and signature papers apply with necessary
modifications to the referendum. The form of areferendum ballot must conform to the requirements
of section 5.07. The form of a referendum signature paper is fixed as follows: . ,
Crystal City Charter
Page 13
Crystal City Charter
Page 14
REFERENDUM PETITION
Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which
ordinance is attached. The proposed repeal is sponsored by the following committee of eligible
voters:
Name Address
1.
2,
3.
4.
5,
The undersigned eligible voters, understanding the nature of the ordinance attached and believing
it to be detrimental to the welfare of the city, petition the council for its submission to the voters for
their approval or disapproval.
Name Address
Signed.
Subscribed and sworn to before me this day of , (Year).
(Seal)
Notary
Section 6.01. City Manager, Subdivision 1. The city manager is the chief administrative officer
of the city. The manager is appointed by the city council solely on the basis of training, experience,
and executive and administrative qualifications. With the approval of the council, the manager may
designate some properly qualified person to perform the duties of the manager during the absence
or disability of the manager or while the office is vacant.
Subd. 2. The city manager is appointed for an indefinite term and may be removed at any time by
an affirmative vote of a majority of the council. After having served for one year, the manager may
demand written charges and a public hearing on the charges before the council prior to the date when
the final removal takes effect. After the hearing, if one is demanded, the council may either reinstate
the manager or make the removal final. Pending the hearing and removal, the council may suspend
the manager from office and appoint an acting manager.
Section 6.02. Manager: Powers and Duties, Subdivision 1. The manager is responsible to the
council for the administration of the city's affairs. The manager has the powers and duties specified
in this section.
Subd. 2. The manager must insure that this charter, the laws and ordinances of the city and the
resolutions of the city council are enforced.
Subd. 3. The manager appoints on the basis of merit and fitness and subject to applicable civil service
regulations, if any, officers and employees of the city except the city attorney who is appointed and
removed by the city council. The manager may remove or suspend, subject to applicable civil service
regulations, if any, officers and employees of the city with the consent of the council.
Subd. 4. Except as otherwise provided by this charter or law, the manager directs departments and
divisions of the city administration.
Subd. 5. The manager must attend meetings of the council. The manager may take part in discussion
at council meetings but may not vote. The council may exclude the manager from a meeting at which
the manager's removal is considered.
Subd. 6. The manager may recommend to the council for adoption measures deemed necessary for
the welfare of the people and the efficient administration of the city's affairs.
Subd. 7. The manager must keep the council fully advised on the financial condition and needs of
the city and prepare and submit the annual budget to the council.
Subd. 8. The manager performs the other duties prescribed by law, this charter or by the council.
Section 6.03. Departments. The council may create departments, divisions and other units of the
city administration consistent with this charter and law.
Section 6.04. Officers. The officers of the city are the city clerk and the other officers subordinate
to the city manager created by the council by ordinance or resolution. The clerk is responsible for
the keeping of city records, and, under the direction of the manager, the general administration of
the city's affairs. The council may by ordinance abolish offices that have been created by ordinance
and combine the duties of various offices.
Crystal City Charter Page 15
Section 6.05. Purchases and Contracts. The manager is the chief purchasing agent of the city.
Purchases may be made by the manager when the amount of the purchase or contract does not exceed
$5,000. Other purchases and contracts are made by the council on recommendation of the manager.
Contracts, bonds, and instruments to which the city is a party must be signed by the mayor and the
manager on behalf of the city.
Section 6.06. Contracts: Bids. City contracts must be made in compliance with law. When
competitive bids are submitted the contract must be awarded to the lowest responsible bidder. The
council may by ordinance adopt additional regulations for making city contracts.
Section 6.07. Review Board. The city council must by ordinance establish a review board to hear
and rule on non -organized employee grievances as defined by the ordinance after normal grievance
and procedures have been completed. The membership, terms, qualifications, powers, duties and
procedures of the review board must be fixed by the ordinance. Members of the board are recom-
mended by the manager and appointed by the city council. (Amended by Ordinance No. 90-22,
February 1, 1991)
Crystal City Charter
CHAPTER 7
TAXADON AND FINANCE
Page 16
Section 7.01. Council Controls Finances. The council is responsible for the financial affairs of the
city. The council must provide for the collection and protection of revenues and other assets and the
auditing and settlement of accounts.
Section 7.02. Fiscal Year. The fiscal year of the city is the calendar year.
Section 7.03. System of Taxation. Subject to the state constitution, and except as forbidden by it
or law the council may provide by ordinance for a system of local taxation. In the taxation of real
and personal property the council must conform as nearly as possible to law in the assessment of
property and the collection of taxes.
Section 7.04. Preparation of Budget. The manager must prepare an annual budget and submit it
to the council. The budget must include all the funds of the city except funds consisting of the
proceeds of city bonds, utility funds and special assessment funds, but the budget may include those
funds at the discretion of the council. The estimated revenues and expenditures for each fund must
be shown for each department of the city. The city manager must submit with the budget explanatory
statements deemed necessary. The budget must show comparative figures for the current fiscal year,
actual and estimated, and for the preceding fiscal year.
Section 7.05. Adoption of Budget. Subdivision 1. The budget is the principal item of business
at the first regular meeting of the council in September and at subsequent meetings until the budget
is adopted. Notice that the budget will be considered by the council at the first meeting in September
must be published twice in the official newspaper with the second publication not less than three days
prior to the meeting. The notice must state that copies of the proposed budget are available for public
inspection in the office of the city clerk and that the public will be heard at the meeting.
Subd. 2. The consideration of the budget and public hearing must be conducted so as to give citizens
an opportunity to be heard. The manager must review the budget in the detail requested by the
council. The adopted budget mu st set forth in detail the financial plan of the city for the ensuing fiscal
year. The sum appropriated by the budget may not exceed the estimated revenues to fund the
expenditures.
Subd. 3. The council must by a budget resolution adopt the budget no later than the first week of
October. The members of the council voting in favor of the budget resolution must sign the budget.
Subd. 4. The budget resolution must levy sufficient taxes to provide adequate revenues for the
budgeted expenditures in the next ensuing fiscal year. The budget resolution must be certified to the
county auditor in accordance with law.
Subd. 5. The sums fixed in the budget resolution are appropriated for the purposes identified in the
budget resolution.
Section 7.06. Enforcement of Budget. The manager must enforce the budget. The manager may
not approve an expenditure unless funds for that expenditure are appropriated by the budget. The
manager may not approve an expenditure authorized by the budget unless there is a sufficient
unexpended balance in the appropriation after deducting prior expenditures from and current
encumbrances against the appropriation. An officer or employee of the city may not place an order
or make a purchase for the city unless the order or purchase is authorized in the budget. An obligation
incurred by an officer or employee for a purpose not authorized in the budget or for an amount in
Crystal City Charter Page 17 Crystal City Charter
excess of the amount appropriated in the budget is the personal obligation of the person incurring
the obligation.
Section 7.07. Alterations in Budget. The council may not increase the amounts appropriated in
the budget resolution beyond the estimated revenues, except to the extent that actual receipts exceed
the estimated revenues. The council may by resolution reduce an appropriation in the budget. The
council may by a vote of at least five members authorize the transfer of sums from unencumbered
appropriations in the budget to other purposes.
Section 7.08. Emergencyp ropriations. The council may include an emergency appropriation
in the budget not exceeding ten percent of the budget. A transfer from the emergency appropriation
to another appropriation may be made by resolution approved by a vote of at least five members of
the council. Amounts transferred from the emergency appropriation may be used only for the
emergency purposes designated by the council resolution.
Section 7.09, D ishurgmen ts. Disbursements of city funds are made by order-check s signed by tile -
manager and chief financial officer of the city specifying the fund on which the order -checks are
drawn. An order -check may not be issued unless the claim to which it relates has been documented
by an itemized bill, payroll, time sheet or other document approved and signed by a responsible city
officer who vouches for its correctness and reasonableness. 'Me manager must note ort a contract
requiring the payment of city funds the particular fund from which the contract is to be paid. The
council may adopt Further regulations for the safe -keeping and disbursennent of city funds.
Section 7.10. Funds, There must be maintained in the city treasury a general fund and the funds
required by law, ordinance, the budget resolution or other resolution. The council may make inter -
fund loans except from trust or agency funds.
Section 7.11. Aceotittin g, The city manager is the chief accounting officer of the city. The manager
must keep the council informed of the financial status of the city. The manager must provide for an
annual audit of the city's finances by either the state auditor or a firm of certified public accountants.
A summary of the audit must be published once in the official newspaper.
Section 7.12. Debt• Except as provided in section 7.13, no obligations may be issued to pay current
expenses, but the council may issue and sell obligations for any other municipal purpose in
accordance with law and within the limits prescribed by law.
Section 7.13. Tax Anticipation Certificates. At any time after January 1st following the making
of an annual tax levy, the council may issue certificates of indebtedness in anticipation of the
collection of taxes levied for any fund and not yet collected. The total amount of certificates issued
against any fund for a fiscal year with interest thereon until maturity may not exceed 90% of the total
current taxes for the fund uncollected at the time of issuance. The certificates (a) are issued on such
terms and conditions as the council determines, (b) bear interest at no more than the lawful rate, and
(c) are due and payable no later than the 1st day of April of the year following their issuance. The
proceeds of the tax levied for the fund against which tax anticipation certificates are issued and the
full faith and credit of the city must be irrevocably pledged for the redemption of the certificates in
the order of their issuance against the fund.
Page 18
Section 8.01. Powers. The city may make any type of public improvement not forbidden by law and
may levy special assessments against benefitted property to pay all or a portion of the cost of a local
improvement. The special assessments for a local improvement may equal the cost of the
improvement but may not exceed the special benefit to the property assessed.
Section 8.02. Current Services. In addition to the provisions of law the council may provide by
ordinance that the cost of city services to streets, sidewalks or other public or private property, may
be assessed against the property served and collected in the same manner as special assessments.
L
Crystal City Charter
Page 19
Crystal City Charter
Page 20
CHAPTER 9
EMINENT DOMAIN
Section 9.01. Acquisition of Property, The city may acquire by purchase, gift, condemnation or
otherwise, property within or without its boundaries that may be needed by the city for a public
purpose. In acquiring property by the power of eminent domain the city must proceed in accordance
with law.
CHAPTER 10
FRANCHISES AND PUBLIC UTILITIES
Section 10.01. Franchises Required. Except as otherwise provided by law, no person, firm, or
corporation may place or maintain a permanent or semi -permanent fixture in, over, upon, or under
a street, highway or public place in the city for the purpose of operating a public utility or for any
other purpose without a franchise therefore from the city.
Section 10.02. Ordinance. A franchise is granted by ordinance which may not be an emergency
ordinance. An ordinance granting a franchise must contain all of the terms and conditions of the
franchise. A franchise is not valid unless unconditionally and fully accepted by the grantee and filed
with the city clerk.
Section 10.03. Term, An exclusive or perpetual franchise may not be granted by the city. A
franchise for a term exceeding 20 years is not effective unless approved by a majority of the voters.
voting thereon at a regular or special election.
Section 10.04. Public HeariDZ, Before a franchise ordinance is adopted or rates, fares, or prices
to be charged by a public utility are fixed by the council, the council must hold a public hearing on
the matter. Notice of the hearing must be published at least once in the official newspaper not less
than ten days prior to the date of the hearing.
Section 10.05. Publication Cost. The grantee of the franchise must pay for publication 'of the
franchise ordinance.
Section 10.06. Power of Regulation Reserved. Subject to applicable law the council may by
ordinance reasonably regulate and control the exercise of a franchise, including maximum rates,
fares, or prices to be charged by the grantee. The value of the franchise may not be included in the
valuation of the grantee's property in regulating utility rates, fares or prices under applicable law,
ordinance, or regulation or in proceedings for municipal acquisition of the grantee's property by
purchase or eminent domain. The rights of a grantee under a franchise are subject to the superior
rights of the public to the use of streets and public places.
Section 10.07. Renewals. An extension, renewal, or modification of a franchise is subject to the
same limitations and is granted in the same manner as a new franchise.
Crystal City Charter Page 21 Crystal City Charter Page 22
CHAPTER 11
PUBLIC UTILITIES
Section 11.01. Acquisition. The city may own and operate a gas, water, heat, power, light,
telephone, transportation, solid waste, hazardous waste, sanitation or other public utility, for
supplying its own needs for utility service, for supplying utility service to private consumers, or for
both purposes. The city may construct the facilities reasonably needed for the utility and may acquire
existing utility properties for the utility.
Section 11.02. Lease of Plant. The council may lease a city owned utility to a private party for a
term not to exceed ten years at rentals and on conditions as deemed necessary. The lease must be
embodied in an ordinance approved by five members of the council. The ordinance may not be an
emergency ordinance.
Section 11.03. Sale of Utility. A public utility owned by the city may not be sold or otherwise
disposed of unless the full terms of the sale or other disposition are embodied in an ordinance
approved by a majority of the voters voting thereon at a general or special election.
Section 12.01. Official Publications. The council must annually designate a legal newspaper of
general circulation in the city as the official newspaper. Ordinances, matters required by law and
this charter to be published, and other matters that the council deems necessary are published in the
official newspaper.
Section 12.02. Oath of Office. Elective officers of the city and any other officer so required by law
or this charter must, before taking office take and subscribe to an oath of office in substantially the
following form: "I solemnly swear (or affirm) that I will support the constitution and will obey the
laws of the United States and of the State of Minnesota, and I will, in all respects, observe the
provisions of the charter and ordinances of the City of Crystal, and will faithfully discharge the duties
of the office of ..., to the best of my judgment and ability."
Section 12.03. Interest in Contracts. Except as otherwise permitted by law an officer of the city
who is authorized to take part in any manner in a contract with the city in an official capacity may
not voluntarily have a personal financial interest in or personally benefit from the contract.
Section 12.04. Official Bonds. Officers and employees of the city required by ordinance or law
to supply a bond must, before assuming office or employment give a corporate surety bond to the
city as security for the faithful performance of official duties and the safekeeping of public funds.
The bond (a) must be in the form and amount fixed by the council, (b) may be either an individual
or blanket surety bond, (c) must be approved as to form by the city attorney, and (d) filed with the
city clerk. Premiums on the bond are paid by the city.
Section 12.05. Sale of Real Property. Real property of the city must be disposed of by ordinance.
The net proceeds of the sale of real property must be used to retire outstanding indebtedness incurred
by the city in the acquisition or improvement of that real property. Remaining net proceeds must
be used to finance capital improvements or to retire other bonded indebtedness.
Section 12.06. Vacation of Streets. The council may by ordinance approved by at least five
members of the council vacate streets, alleys, public ways and public grounds, or parts thereof, in
the city. The vacation may be made after ten days' published notice of a public hearing before the
council on the matter. The clerk must file a notice of completion of the vacation proceedings with
the appropriate county official and in accordance with law.
Section 12.07. Effect of 1989 Chartgr Hevision. This charter is effective on June 1, 1989 and is
a revision an+d1comprehensive amendment to the original charter of the city adopted and effective on
August 23, 1960. Nothing in this charter is to be construed to modify, abrogate or abridge (a) the
rights, duties, liabilities, privileges or immunities of the city, (b) the ordinances and resolutions of
the city, or (c) the qualifications or terms of office of city officers as they existed on June 1,1989,
except as otherwise specifically provided in this charter. This charter is not to be construed to affect,
modify or repeal any special law of the state applicable to the City of Crystal.
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