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08.23.60 Adopted Charter� -, - » h.. A '� 4 4'"r as J Chapter 1 Name, Boundaries, Powers, and General Provisions Section 1.01 NAME AND BOUNDARIES. The Village of Crystal, in the County of Hennepin, and State of Minnesota, shall, upon the taking ef- fect of this charter, continue to be a municipal corporation, under the name and style of the City of Crystal, with the same boundaries as now are or hereafter may be established. Section 1.02. POWERS OF THE CITY. The city shall have all powers which it may now or hereafter be pos- sible 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 that every power which the people of the city might lawfully confer upon themselves, as a munici- pal corporation, by specific enumera- tion in this charter shall be deemed to have been so conferred by the provi- sions of this section. This charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the generality of the power herein sought to be conferred. Section 1.03. CHARTER A PUBLIC ACT. This charter shall be a public act CRYSTAL, MINNESOTA CITY CHARTER ADOPTED AUGUST 23, 1960 and need not be pleaded or proved in any case. It shall take effect thirty days from and after its adoption by the voters. Chapter 2 Form of Government Section 2.01. FORM OF GOVERNMENT The form of government estab- lished by this charter is the `Council - Manager Plan'. The council shall ex- ercise the legislative power of the city and determine all matters of policy. The city manager shall be the head of the administrative branch of the city government and shall be responsible to the council for the proper adminis- tration of all affairs relating to the city. Section 2.02. BOARDS AND COMMISSIONS. There shall be no separate admin- istrative board of health, library board, park board, or any other ad- ministrative board of commission, ex- cept for the civil service commission and for the administration of a func- tion jointly with another political sub- division. The council shall itself be and perform the duties and exercise the powers of such boards and com- missions. The council may, however, establish by ordinance boards or com- missions to advise the council with re- spect to the municipal function or ac- tivity, to investigate any subject of interest to the city, or to perform quasi-judicial functions. Section 2.03. COUNCIL MEMBERS, QUALIFICATIONS AND TERMS. The council shall be composed of a mayor and six councilmen who shaU be qualified electors, and shall hold no other public office except that of no- tary public or member of the National Guard or naval or military reserve, and who shall further qualify as pro- vided in this charter. The nxayor and cuuucilrnen must reside within the Igamdary limits of the eity and the r aunciimen must fur Cher satisfy residence requiremant,s as set forth in Section 2.0C The mayor shall be eleeWat. lgrgLs- F�ach of the ward resident cnunriimeJL shall be tiltnud by the qualified eiec tors of the ward in which he re 5&h anti each of the section resideiki, virun- fice expires December 31, 1962, shall be resident councilman of Section Two. Section 2.04. RESIDENT COUNCILMEN. Four of the councilmen shall be ward resident councilmen and shall be qualified as follows: One council- man shall be, at the time of his elec- tion nr ePpointment, a resident of the Fl rat Ward, One councilman shall be, at the time of his electi 31) u r a}lpoilit- ment, a reaideut of the Second Ward, S]ne Cnurscilmrsn.Pha]l be, at the time l' hix elec Gaon for appointment, a resi- dent cofthe Third Ward. One council• man shall he, rtt the time of his elec- t ilM Or uplsninLmeErt, iA re3id nt of the Fouth Ward - oilmen shell be elected by 1,be qua]i Twoofthecaunn ciimeshiLghesee. feed electors oftl�c ward in whichlic lion resident councilmen and shad he resides Tho Fn"r and the oouneil• qunLfwd u folluwE' One rrnunvilmap wen shall be edected for a term rsf s shall bg, at the time (if his ele~.tiozr ar three years and until their successors appointment., s resident of Section are elected and qualified. At the first One, consisting of Wards One and election held after the adoption of this Two. One councilman shall be, at the charter the offices of resident council- time of his election or appointment, a men of Section One and the First, resident of Section Two, consisting of Second, and Third Wards shall be Wards Three and Four. filled. The resident councilmen of the First and Second Wards shall serve until December 31, 1962, and the resi- dent councilmen of Section One and the Third Ward shall serve until De- cember a1, 1961. To ensure curldryu- iky of governnkuri. the prweni. terms Of offime of nwygr -and trustees shall. finish their terms of elected office. The trustee whose term of office ex- pires December 31,1961, shall be resi- dent councilman of the Fourth Ward, and the trustee whose term of of - Continued residence in the ward or section in which each of the said councilmen resides at the time of his election or appointment shall be a qualification to hold office during said cuuncilmmn's term. Sec ion 2.135. WARDS, The area of the city as now or here- inafter established shall be divided into four wards. Review of the wards shall be made by the council and reap- portionment to comply with this see- tion shall be made within two years from the year in which a Federal cen- sus is taken so that each ward shall contain not more than 30% nor less than 20% of the population of the city. Reapportionment shall be by or- dinance. If the council shall fail to re- apportion within the period pre- scribed, the mayor and councilmen shall forfeit all renumeration until the wards of the city are reapportioned as required by this charter. The city shall be divided into four wards designated and bounded as follows: First Ward shall be bounded on the north by the center line of Thirty- sixth Avenue and on the east, south, and west by the limits of the city. Second Ward shall be bounded on the south by the center line of Thirty-sixth Avenue and on the north by the center line of Forty-sixth Ave- nue and on the east and west by the limits of the city. Third Ward shall be bounded on the south by the center line of Forty- sixth Avenue and on the north by the center line of Fifty-fourth Avenue and on the east and west by the limits of the city. Fourth Ward shall be bounded on the south by the center line of Fifty-fourth Avenue and on the west, north, and east by the limits of the city. Section 2.06. INCOMPATIBLE OFFICES. No member of the council shall be appointed city manager, nor shall any member hold any paid municipal of- fice or employment under the city; and until one year after the expiration of his term as mayor or councilman no former member shall be appointed to any paid appointive office or em- ployment under the city. serve as mayor in case of the mayor's disability or absence from the city, or in case a vacancy in the office of mayor until a successor has been ap- pointed and qualified. The mayor shall have a vote as a member of the council. He shall exercise all powers and perform all duties conferred and imposed upon him by this charter, the ordinances of the city, and the laws of the state. He shall be recognized as the official head of the city for all cer- emonial purposes, by the courts for the purpose of serving civil process, and by the governor for the purposes of martial law. He shall study the op- erations of the city government and shall report to the council any neglect, dereliction of duty, or waste on the part of any officer or department of the city. In time of public danger or emergency he may, with the consent of the council, take command of the police, maintain order and enforce the law. Section 2.09. SALARIES. The monthly salary of councilmen shall be $75.00 per month, and the monthly salary of the mayor shall be $100.00 per month until changed by ordinance, but shall not be increased during the current term of office of the councilmen or mayor at the time of the enactment of such ordi- nance. 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 the peace of the city who shall have all power and authority now vested in the justices of the peace of the Village of Crystal under state law. The pres- ent two justices of the peace of the vil- lage shall continue as such justices of the peace of the city until their pres- ent terms respectively expire. Vacan- cies in the office of justice of the peace shall be filled for the remainder of the term by the council. Chapter 3 Procedure of Council Section 3.01. COUNCIL MEETINGS. On the first business day of Janu- ary following a regular municipal elec- tion, the council shall meet at the usual place and time for the holding of council meetings. At this time the newly elected members of the council shall assume their duties. Thereafter the council shall meet at such times each month as may be prescribed by ordinance or resolution, but not less frequently than once each month. 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 of the council. Such notice shall be delivered personally to each member or shall be left at his usual place of residence with some responsible person. All meetings of the council shall be pub- lic, and any citizen shall have access to the minutes and records thereof at all reasonable times. or either of them, shall have power to make investigations into the city's af- Section 3.02. COUNCIL MEETING fairs, to subpoena witnesses, adminis- OFFICERS. ter oaths, and compel the production The council shall choose such offi- of books and papers. The council shall cers and employees as may be neces- provide for an audit of the city's ac- sary to serve at its meetings. The counts at least once a year by the state council shall appoint a secretary of department in charge of such work or the council. He shall give notice of its Section 2.07. VACANCIES IN I by a certified public accountant. The meetings, shall keep the journal of its THE COUNCIL. 1 council may at any time provide for proceedings and shall perform such A vacancy in the council shall be an examination or audit of the ac - other duties as shall be required by deemed to exist in case of the failure counts of any officer or department of this charter or by ordinance. The of any person elected thereto to qual- the city government and it may cause council may designate any official or ify on or before the date of the second to be made any survey or research employee of the city, except the city regular meeting of the new council, or study of any subject of municipal manager, the mayor, or a member of by reason of the death, resignation, concern. the council, as secretary. removal from office, removal from the Section 2.11. INTERFERENCES city, ward, or section, continuous ab- WITH ADMINISTRATION. sence from the city for more than three months, or conviction of a fel- The council or any member thereof ony of any such person whether be- shall not dictate the appointment of fore or after his qualification, or by any person to office or employment reason of the failure of any council- by the city manager, or in any manner man without good cause to perform interfere with the city manager or any of the duties of membership in prevent him from exercising his own the council for a period of three, judgment in the appointment of offi- months. In each such case the council cers and employees in the administra- shall by resolution declare such va- tive service. Except for the purpose of cancy to exist and except in the case inquiry the council and its members Section 3.03. RULES OF PROCEDURE AND QUORUM. The council shall determine its own rules and order of business. A majority of all members elected shall constitute a quorum to do business, but a smaller number may adjourn from time to time. The council may by ordinance provide a means by which a minority may compel the at- tendance of absent members. of recall, shall forthwith appoint an shall deal with and control the admin- Section 3.04. ORDINANCES, eligible person to fill the same until istration service solely through the RESOLUTIONS, AND MOTIONS. the next regular municipal election, city manager, and neither the council Except as in this charter otherwise when the office shall be filled for the nor any member thereof shall give or- provided, all legislation shall be by or - unexpired term. ders to any of the subordinates of the dinance. THe "yes" and "no" vote on Section 2.08. THE MAYOR. city manager, either publicly or ordinances, resolutions, and motions privately. shall be recorded unless the vote is The mayor shall be the presiding I unanimous. An affirmative vote of a officer of the council, except that the Section 2.12. COURTS. majority of all the members of the council shall choose from its members Until a municipal court is estab- council shall be required for the pas - a mayor pro tem who shall hold office lished and in operation pursuant to sage of all ordinances and resolutions, at the pleasure of the council and shall state law, there shall be two justices of I except as otherwise provided in this charter. Section 3.05. PROCEDURE ON ORDINANCES. The enacting clause of all ordi- nances shall be in the words, "The City of Crystal does ordain." Every ordinance shall be presented in writ- ing. No ordinance, except an emer- gency ordinance, shall be passed at the meeting at which it is introduced and at least fourteen days shall elapse between its introduction and final passage. Section 3.06. EMERGENCY ORDINANCES. An emergency ordinance is an or- dinance 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 thereto, and is adopted by a vote of at least five members of the council. No prosecu- tion shall be based upon the provi- sions of any emergency ordinance until twenty-four hours after the ordi- nance has been filed with the city clerk and posted in three conspicuous places or until the ordinance has been published, unless the person charged with violation had actual notice of the passage of the ordinance prior to the act or omission complained of. Section 3.07. PROCEDURE ON RESOLUTIONS. Every resolution shall be presented in writing and read in full before a vote is taken thereon, unless the read- ing of a resolution is dispensed with by unanimous consent. Section 3.08. SIGNING AND PUBLICATION OF ORDINANCES & RESOLUTIONS. Every ordinance or resolution passed by the council shall be signed by the mayor or by two other mem- bers, attested by the city clerk and filed and preserved by him. Every or- dinance 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 of Minnesota, a state administrative rule or a regula- tion, a code, or ordinance or part thereof without publishing the mate- rial referred to in full. Section 3.09. WHEN ORDINANCES AND RESOLUTIONS TAKE EFFECT. A resolution and an emergency or- dinance shall take effect immediately upon its passage or at such later date as is fixed therein. Every other ordi- nance shall take effect 30 days after publication or at such later date as is fixed therein. Every ordinance and resolution adopted by the voters of the city shall take effect immediately upon its adoption, or at such later time as is fixed therein. Section 3.10. AMENDMENT AND REPEAL OF ORDINANCES AND RESOLUTIONS. Every ordinance or resolution re- pealing a previous ordinance or reso- lution or section or subdivision thereof shall give the number, if any, and the title of the ordinance or reso- lution to be repealed in whole or in part. No ordinance or resolution or section or subdivision thereof shall be amended by reference to the title alone, but such an amending ordi- nance or resolution shall set forth in full each section or subdivision to be amended and shall indicate new mat- ter by underscoring and old matter to be omitted by enclosing it in brackets. In newspaper publication, the same' indications of omitted and new mat- ter shall be used except that italics or bold-faced type may be substituted for underscoring and omitted matter be printed in capital letters within parentheses. Section 3.11. REVISION AND CODIFICATION OF ORDINANCES. The council may revise, rearrange, and codify its ordinances with such additions and deletions as may be deemed necessary, except as other- wise provided for under Section 5.08 Such ordinance code shall be pub- lished in book, pamphlet, or continu- ously revised loose-leaf form and cop- ies shall be made available by the council at the office of the city clerk for general distribution to the public free or at a reasonable charge. Publi- cation in such a code shall be a suffi- cient publication of any ordinance provision not previously published if a notice is published in the official newspaper for at least two successive weeks that copies of the codification are available at the office of the city clerk. Chapter 4 Nominations and Elections Section 4.01. GENERAL ELECTION LAWS TO APPLY. Except as hereinafter provided, the general laws of the State of Minne- sota pertaining to registration of vot- ers and the conduct of primary and general elections shall apply for all municipal elections of such officers as are specified in this charter. The council shall, through ordinances duly adopted in compliance with such state laws and this charter, adopt suitable and necessary regulations for the conduct of such elections. Section 4.02. REGULAR MUNICIPAL ELECTIONS. A regular municipal election shall be held on the 1st Tuesday after the 1st Monday in November of the year in which an election is to be held at such place or places as the city council may designate by resolution. At least 15 days notice shall be given by the city clerk of the time and places of holding such election, and of the of- fices to be elected, by posting a notice thereof in at least one public place in each ward or wards where the election is held and by publishing a notice thereof at least once in the official newspaper of the city, but failure to give such notice shall not invalidate such election. Section 4.03. PRIMARY ELECTIONS. The council shall whenever three or more candidates have filed for any citywide office, or for resident coun- cilman of any ward, or section, pro- vide through ordinance or resolution for a primary election to be held, city- wide or in any particular ward, or sec- tion, and such primary election shall be held on a date not less than 25 days prior to the general election. At least 15 days notice shall be given by the clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice thereof in at least one public place in each ward where the election is held, and by pub- lishing a notice thereof at least once in the official newspaper of the city, but failure to give such notice shall not invalidate such election. Section 4.04. SPECIAL ELECTIONS. The council may by resolution order a special election and provide all means for holding such special elec- tion, provided that three consecutive weeks published notice of said elec- tion be given in the official newspaper of the city. The procedure at such election shall conform as nearly as possible to that prescribed for other municipal elections. Section 4.05. JUDGES OF ELECTIONS. The council shall at least 25 days before each municipal election ap- point qualified electors for each vot- ing precinct to be judges of election therein as provided by state statute. Section 4.06. NOMINATIONS BY PETITION. All elective officers provided for by this charter shall be nominated by pe- tition. The name of any qualified elec- tor of the city shall be printed upon the ballot whenever a petition as here- inafter prescribed shall have been filed in his behalf with the city clerk. Such petition shall be signed by at least ten qualified electors qualified to vote for the office in question. No qualified elector shall sign petitions for more candidates for any office than the number of persons to be cho- sen for that office at the election; should he do so, his signature shall be void as to the petition or petitions last filed. All nominations shall be in the hands of the city clerk at least 68 days before the general city election. The clerk shall prepare the ballots with the names of the candidates for office in a manner to be provided by ordi- nance. Each petition, when pre- sented, must be accompanied by a five dollar ($5.00) filing fee. Section 4.07. NOMINATION PETITIONS. The signatures to the nomination petition need not all be appended to one paper, but to each separate paper there shall be attached an affidavit of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in his presence and is the genuine signature of the person whose name it purports to be. With each signature shall be stated the place of residence of the signer, giving the street and the number or other de- scription sufficient to identify the same. The nominee shall indicate by an endorsement upon the petition that he will accept the office if elected thereto. The form of the nomination petition shall be as follows: Nomination Petition We, the undersigned, electors of the City of Crystal, hereby nominate and eport51r .. , , . , , . .., whose resideom is ... , for the office of ............ to be voted for at the election to be held on the ..... day of . , , ... - • year , - - , , -, and we individually certify that we are quali- fied electors and that we have not signed more nomination petitions of candi- dates for this office than there are persons to be elected thereto. Name Street and Number ....... being duly sworn, deposes and says that he is the circulator of the foregoing petition paper containing ... signatures, and that the signatures appended thereto were made in his presence and are the genuine signatures of the persons whose names they purport to be. Signed ........ Subscribed and sworn to before me this . - , day of ..... , ..... , 3�ar ,...... Notary This petition if found insufficient by the city clerk, shall be returned to at .............. .. stivet. I hereby indicate my willingness to accept the office of ........... if duly elected thereto. Section 4.08. WITHDRAWAL OF CANDIDATE. Any person whose name has been presented in the manner provided for in the foregoing section as a candidate may, not later than 12 o'clock noon of the day after the last day for filing, cause his name to be withdrawn from nomination by filing with the city clerk a request to do so in writing, and no name so withdrawn shall be printed upon the ballot. If such with- drawal reduces the number of candi- dates remaining for a particular office so that the remaining candidates is less than two, then other nominations may be made by filing petitions there- for as herein provided, but not later than 63 days prior to such election. Section 4.09. CANVASS OF ELECTIONS AND TAKING OF OFFICE. The council shall meet and canvass the election returns within five days after any regular or special election, and shall make full declaration of the results as soon as possible and file a statement thereof with the city clerk, and said statement shall be made a part of the minutes. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with a decla- ration of those who are elected; (d) a true copy of the ballots used; (e) the names of the judges of election; (f) such other information as may seem - pertinent. The city clerk shall forth- with notify all persons elected of the fact of their election, and the persons elected shall take office at the time provided by Section 3.01 upon Signed .... . .. ....... taking, subscribing and filing with the city clerk the required oath of office. Chapter 5 Initiative, Referendum and Recall 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, to initiate and adopt any ordinance, ex- cept an ordinance appropriating money or authorizing the levy of taxes, to require such an ordinance when passed by the council to be re- ferred to the electors for approval or disapproval, and to recall elected pub- lic officials. These powers shall be called Initiative, the Referendum, and the Recall respectively. Section 5.02. EXPENDITURES BY PETITIONERS. No member of any initiative, refe- rendum, or recall committee, no cir- culator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any re- ward, pecuniary or otherwise, for service rendered in connection with the circulation thereof, but this shall not prevent the committee from pay- ing for legal advice andfrom incurring an expense not to exceed fifty dollars ($50.00) for statiorxery, copying, printing, and notaries'. fees. Any vio- lation of the provisions of this section is a misdemeanor. INITIATIVE Section 5.03. INITIATION OF MEASURES. Any five qualified electors may form themselves into a committee for the initiation of any ordinance except as provided in Section 5.01. Before circulating any petition they shall file a verified copy of their pro- posed ordinance with the city clerk together with their names and ad- dresses as members of such commit- tee. They shall also attach a verified copy of the proposed ordinance to each of the signature papers here- in described, together with their names and addresses as sponsors thereof. Section 5.04. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any ordinance shall consist of the or- dinance, together with all the signa- ture papers and affidavits thereto at- tached. Such petition shall not be complete unless signed by a number of voters equal to at least five per cent of the total number of qualified electors registered in the city at the time of the regular municipal elec- tion immediately prior to the filing of said petition. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each sig- nature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature shall be in substantially the following form: 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 electors: Name Address $ ,,,,,,,,,,,,,,,,,,,,,, , -.-.-.................... ..... 4. .... .......... ....... ...... 6, „ .. . The undersigned qualified electors, understanding the terms and na- ture of the ordinance attached, petition the council for its adoption or, in lieu thereof, for its submission to the electors for their approval. Name Address I- ----------------------------- ------ I _ _ --------------- Section 5.05. FILING OF PETI- TIONS AND ACTION THEREON. All the signature papers shall be filed in the office of the City clerk as one instrument. Within five days after filing of the petition, the city clerk shall ascertain by examination the number of electors whose signa- tures are appended thereto and whether this number is at least five per cent of the total number of quali- fied electors registered in the city at the time of the regular municipal election immediately prior to the fil- ing of said petition. If he finds the pe- tition insufficient or irregular, he shall at once notify one or more of the committee of sponsors of that fact, certifying the reasons for his finding. The committee shall then be given thirty days in which to file ad- ditional signature papers and to cor- rect the petition in all other particu- lars. If at the end of that period the petition is found to be still insuffi- cient or irregular, the city clerk shall file it in his office and shall notify each member of the committee of that fact. The final finding of the in- sufficiency or irregularity of a peti- tion 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 elec- tors at the next regular or any special election at its option. Section 5.06. ACTION OF COUNCIL ON PETITION. When the petition is found to be sufficient, the city clerk shall so cer- tify to the council at its next meeting, stating the number of petitioners and the percentage of the total number of voters which they constitute, and the council shall at once read the ordi- nance and refer it to an appropriate committee, which may be a commit- tee of the whole. The committee or council shall thereupon provide for public hearings upon the ordinance, after the the holding of which the or- dinance shall be finally acted upon by the council not later than sixty-five days after the date upon which it was submitted to the council by the city clerk. If the council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the council to the vote of the electors at the next regular municipal election; but if the number of signers of the petition is equal to at least ten per cent of the total number of qualified electors registered in the city at the time of the regular municipal election imme- diately prior to the filing of said peti- tion, the council shall call a special election upon the ordinance. Such special election shall be held not less than thirty days nor more than forty- five days from the date of final action on the ordinance by the council or after the expiration of sixty-five days from the date of submission to the council where there has been no final action; but if a regular election is to occur within three months, the coun- cil may submit the ordinance at that election. If the council passes the proposed ordinance with amend- ments and at least four -fifths of the committee of petitioners do not ex- press their dissatisfaction with such amended form by a statement filed with the city clerk within ten days of the passage thereof by the council, the ordinance need not be submitted to the electors. Section 5.07. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed ordinance shall state the substance of the ordi- nance and shall give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the electors voting on any such ordinance vote in favor of it, it shall thereupon become an ordi- nance of the city. Any number of pro- posed ordinances may be voted upon at the same election but the voter shall be allowed to vote for or against each separately. In case of inconsis- tency between two initiated ordi- nances approved at one election, the one approved by the higher percent- age of electors voting on the question shall prevail to the extent of the inconsistency. Section 5.08. AMENDMENT OR REPEAL. Any ordinance adopted by the vote of the people cannot be repealed or amended except by a vote of the people. Section 5.09. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter shall be con- strued as in any way affecting the right of the electors under the consti- tution and the statutes of Minnesota to propose amendments to this charter. Referendum Section 5.10. THE REFERENDUM. If prior to the date when an ordi- nance takes effect, a petition signed by qualified electors of the city equal in number to five per cent of the total number of qualified electors regis- tered in the city at the time of the regular municipal election immedi- ately prior to the filing of said peti- tion, is filed with the city clerk re- questing that any such ordinance be repealed or submitted to a vote of the electors, the ordinance shall thereby be prevented from going into opera- tion. The council shall thereupon re- consider the ordinance at its next regular meeting and either repeal it or by "yes" and "no" vote re -affirm its adherence to the ordinance as passed. In the latter case the council shall immediately order a special election to be held thereon, or submit the ordinance at the next regular mu- nicipal election, pending which the ordinance shall remain suspended. If a majority of the electors voting thereon is opposed to the ordinance, it shall not become effective; but if a majority of the electors voting thereon favor the ordinance, it shall go into effect immediately or on the date therein specified. Section 5.11. REFERENDUM PETITIONS. The requirements laid down in Section 5.03 and 5.04 for the forma- tion of committees for initiation of ordinances and the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall read as follows: Referendum Petition Proposing the repeal of an ordinance to ............. (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of electors: Name Address ' C1 -.... -- .-- „ .. ....... .. ... 6.1.--------- ............ ......... .................... The undersigned qualified electors, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the city, petition the council for its submission to a vote of the electors for their approval or disapproval. Name Address i. .. .--.,........................ 3, ... ... , „ ........... Section 5.12. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in Section 5.07 of this charter for initiative ballots. RECALL copy of this certificate shall be at if recalled;" but the officer whose re- control over all departments and di- Section 5.13. THE RECALL. tached to each signature paper and call is sought shall not himself be a visions of the city administration no signature paper shall be put into candidate upon such ballot. If a ma- created by this charter or by the Any five qualified electors within circulation previous to such certi- jority of those voting on the question council. the city may form themselves into a fication. of recall vote in favor of recall, the of- Subdivision 5. He shall attend all committee for the purpose of bring- ing about the recall of any officer Njal shall be thereby remnved from Section 5.14. RECALL ❑fttice, dr�d the candidate who re• offs date meetings of the council, with the elected by the entire city. Any five PETITIONS. cs the highest �w of vote. right to take part in the diFcussion but not veto; but l the council may electors within a section or ward may Y The petition for the recall of any for his place elurll ho elected thflretr, , if,eta ib exclude hero from ` themselves into a committee official shall consist of a certificate frpr the remainder of I.he unex 'reel P an4 T sting at ereing at which his removal is for the purpose of bringing about the P P � g identical with that filed with the city term, If the officer sought to be re- ,.s�nFidered. i recall of any officer elected from clerk together with all the signature called resignb within ten days after their respective section or ward. papers, but the circulator of every receipt by the council of the com- Subdivision 6, He shall mcom- Such committee shall certify to the paper shall make an affidavit that pletvd recttlt petitiont, the form of hal- mend to the council for adoption city clerk the name of the officer each signature appended to the paper lol at the election shall be the same, wuFh measures as he may deem nee whose removal is sought, a statement is the genuine signature of the person as nearly as possible, as the form in essary for the welfare of the people of the grounds for removal of not whose name it purports to be. Each use at a regular municipal eleetian. and the efficient administration of more than 250 words, and their in- signature paper shall be in substan- the city's affairs. tention to bring about his recall. A tially the following form: Chapter 6 Subdivision 7. He shall keep the council fully advised as to the finan- Administration of City cial condition and needs of the city, Recall Petition and he shall prepare and submit to Affairs the council the annual budget. proposing the recall of ............. from his office as .......... which Subdivision 8. He shall prepare recall is sought for the reasons set forth in the attached certificate. This and submit to the council for adop- movement is sponsored by the following committee of electors. Section 6.01. THE CITY MANAGER. tion an administrative code incorpo- Name Address The city manager shall be the chief rating the details of administrative 1. administrative officer of the city. He procedure, and from time to time he ' ' ` - - - - - - - - - - - - - - - - -.. ......... ' .. ' ' ' ' ' ' ' ' ' ' shall be chosen by the council solely on shall suggest amendments to such 2. , , , , ,,,, ,, , , , , , , , , , , , , , , , , , , , ,,, , ,,, , , , , , , , , , , , , , the basis of his training, experience, code. 3 and administrative qualifications. The ' ' ` • ' ' ' • ' ' ' ` ' ' ` ` • . ` ' ' • • ' ' ' ' ' ' ' ' ' ' ' ' . ' .... ' . ` .... ' ' ' ' ' ' ' ' ' ' choice shall not be limited xo inhabi- Subdivision 9. He shall perform 4. . . .. . . . . . . .... . ... . . . . . . . . . . . . . . ........................... tants of the city or state but he shall be such other duties as may be Are- b"" a citizen of the United States. The city scribed by this charter or by law or ---.----- - -" '--- ------ The undersigned ualified electors understandin the nature of the q g man. ershallbe g appointed for an in- definite period and he shall be remov- required of him by ordinances or res- olutions adopted by the council. charges against the officer sought to be recalled, and residing in the city, sec- able by the council at will, provided, tion, or ward (whichever is applicable) from which the officer was elected, de- however, that if removed at any time Section 6.03. DEPARTMENTS OF sire the holding of a recall election for that purpose. after one year of service, he may within ADMINISTRATION. Name Address fifteen days after his removal demand written charges and a public hearing on The council may create such de- 1, ...... - ,, , ,, , , , , , , , , , , , , , , ,,,,, , , ,, , , , , , , , , , , , , the same before the council; but pend- partments, divisions, and bureaus 2 ing and during such hearing the council for the administration of the city's .............................. ............ . may suspend him from office, with or affairs as may seem necessary, and 3. ........... .. . ........... I— . ................. . ..... . . . . without pay. Such public hearing shall from time to time alter their powers At the end of the list of signatures shall be appended the affidavit of take place within thirty days after the organization. It may, and or g y, in conjunc- the circulator. demand for the same and the written charges shall be furnished him by the tion with the city manager, prepare a council at least ten days before the hearing. During the susponsiun, ab. complete administrative code for the city and enact it in the form of an fir - Section 5.15. FILING OF tify the person sought to be recalled PETITION. of the sufficiency of the petition and Bence or disability of the city manager, dinance, which may be amended Within thirty days after the filing of the pending action. The council or in the case of a vacancy in the office of the city manager, the duties h his of - from time to time by ordinance. of the original certificate, the com- shall at its next meeting, by resolu face shall be performed by some prop- Section 6.04. SUBORDINATE mittee shall file the completed peti- tion, provide for the holding of a spe- erly qualified person designated by the OFFICERS. c tion in the office of the cityclerk. cial recall election to conform as nearly as possible to that prescribed council as acting manager. There shall a city clerk, city The city clerk shall examine the pet'- tion within the next five days, and if for other municipal elections. The Section 6.02. POWERS AND treasurer, city attorney, city asses- at he finds it irregular in any way, or clerk shall include with the published DUTIES OF THE CITY sore and such other officers o- finds that the number of signers is notice of the election the statement MANAGER. note to the city manager as thea coun- cil may create by ordinance. The city less than ten per cent of the total number qualified electors of the grounds for the recall and also, in not more than 500 words, the an- Subdivision 1. Subject to the pro- clerk shall be subject to the direction the f the tered in the city at the time of the saver of the officer concerned in just'- fication of his course in office. Candi- visions of this charter and an coun- Y cil regulations consistent therewith, of the city manager, and shall have Y g such duties in connection with the municipal election immedi- dates to succeed the officer to be the city manager shall control and di- keeping of the public records, the atelyregular Lion, prior the filing of said pet'- tion, he shall notify one or more recalled shall be nominated in the rect the administration of the city's y' custody and disbursement of the Y members of the committee. The usual way. affairs. He shall have the powers and duties set forth in the following public funds, and the general admin- istration of the city's affairs as the committee shall then be given ten days in which to file additional signa- Section 5.17. FORM OF RECALL subdivisions: Subdivision council and this charter prescribe. He may be designated to act as secre- ture papers and to correct the pet'- tion in all other respects, but they BALLOT. Unless the officer whose removal 2. He shall see that this charter and the laws, ordinances tary of the council and also as treas- urer. The council may by ordinance may not change the statement of the is sought resigns within ten days g Y and resolutions of the cityare enforced. abolish offices which have been rounds upon which the recall is g P after the receipt by the council of the om- ated by ordinance, and it may com- sought. If at the end of that time the completed recall petition, the form of P P Subdivision 3. He shall appoint, bins the duties of various officers as city clerk finds the petition still in- the ballot at such election shall be as upon the basis or merit and fitness it may see fit. sufficient or irregular, he shall notify all the members of the committee to that effect and shall file the petition in his office. No further action shall be taken thereon. Section 5.16. RECALL ELECTION. If the petition or amended peti- tion is found sufficient, the city clerk shall transmit it to the council with out delay, and shall also officially no - near as may be: "Shall ........... be recalled?," the name of the officer whose recall is sought being inserted in the blank, and the qualified elec- tors shall be permitted to vote sepa- rately "yes" or "no" upon this ques- tion. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful under the caption: "Candidates to fill the place of , and subject to applicable civil service provisions, if any, all officers and em- ployees of the city, except the city at- torney whose appointment and re- moval shall be at the discretion of the council. He may remove or suspend, subject to applicable civil service pro- visions, if any, all officers and em- ployees of the city with the consent and approval of the council. Subdivision 4. He shall exercise Section 6.05. PURCHASES AND CONTRACTS. The city manager shall be the chief purchasing agent of the city. All city purchases and contracts shall be made or let by the city manager when the amount of the purchase or con- tract does not exceed one -thousand dollars ($1,000). All other purchases shall be made and all other contracts let by the council after the recom- mendations of the city manager have first been obtained. All contracts, bonds, and instruments of any kind to which the city is a party shall be signed by the mayor and the city manager on behalf of the city and shall be executed in the name of the city. Section 6.06. CONTRACTS: HOW LET. In all cases of work to be done by contract, or of the purchase of per- sonal property of any kind, where the amount involved is more than one thousand dollars ($1,000), unless the council shall by an emergency ordi- nance otherwise provide, the city manager shall advertise in such man- ner as may be designated by the council. Contracts of this magnitude shall be let only by the council upon the recommendation of the city man- ager to the lowest responsible bidder. The council may, however, reject any and all bids. Nothing contained in this section shall prevent the council from contracting by a five -sevenths vote for the doing of work with pat- ented processes, or from the pur- chasing of patented appliances. Sub- ject to the provisions of this charter, the council may by ordinance adopt further regulations for the making of bids and the letting of contracts. Chapter 7 Taxation and Finances Section 7.01. COUNCIL TO CONTROL FINANCES. The council shall have full authority over the financial affairs of the city, and shall provide for the collection of all revenues and other assets, the audit- ing and settlement of accounts, and the safekeeping and disbursement of public moneys, and in the exercise of sound discretion shall make appropriations for the payment of all liabilities and expenses. Section 7.02. FISCAL YEARS. The fiscal year of the city shall be the calendar year. Section 7.03. SYSTEM OF TAXATION. Subject to the state constitution, and except as forbidden by it or by state legislation, the council shall have full power by ordinance for a system of local taxation. In the taxa- tion of real and personal property as such, the city shall conform as fully as possible to the general state law as to the assessment of such property and the collection of such taxes. Section 7.04. BOARD OF EQUALIZATION. The council shall constitute a board of equalization to equalize as- sessments of property for taxation purposes according to law. Section 7.05. PREPARATION OF THE ANNUAL BUDGET. The city manager shall prepare the estimates for the annual budget. The budget shall be by funds and shall include all the funds of the city, except the funds made up of proceeds of bond issues, utility funds, and spe- cial assessments funds, and may in- clude any of such funds at the discre- tion of the council. The estimates of expenditures for each fund budgeted shall be arranged for each depart- ment or division of the city. The bud- get shall show the income and ex- penditures classified in accordance with good accounting principles. The city manager shall submit with the estimates such explanatory state- ments as he may deem necessary, and under this charter he shall inter- pret this section as requiring com- parisons of the city's finances with the two previous budgets of this municipality. Section 7.06. PASSAGE OF THE BUDGET. Prior to the adoption of the budget notice shall be given in at least two publications of the official city news- paper stating the time and place at which the budget will be considered and stating that copies are on file in the City Hall for public inspection. The budget shall be the principal item of business at the first regular monthly meeting of the council in September and the council shall hold adjourned meetings from time to time until all the estimates have been considered. The meetings shall be so con- ducted as to give interested citizens a reasonable opportunity to be heard. The city manager shall explain the various items thereof as fully as may be deemed necessary by the council. The annual budget finally agreed upon shall set forth in detail the com- plete financial plan of the city for the ensuing fiscal year for the funds budgeted and shall be signed by the majority of the council when adopted. It shall indicate the sums to be raised and from what sources and the sums to be spent and for what purposes according to Section 7.05. The total sum appropriated shall not exceed the total estimated revenue. The council shall adopt the budget not later than the first week of Octo- ber by a resolution which shall set forth the total for each budgeted fund. The council shall also adopt a resolution levying whatever taxes it considers necessary within statutory limits for the ensuing year for each fund. The tax levy resolution shall be certified to the county auditor in ac- cordance with law not later than Oc- tober 10. At the beginning of the fis- cal year, the sums fixed in the budget resolution shall be and become ap- propriated for the several purposes named in the budget resolution and no other. Section 7.07. ENFORCEMENT OF THE BUDGET. It shall be the duty of the city manager to enforce the provisions of the budget. He shall not approve any order upon the city treasurer for any expenditure unless an appropriation has been made in the adopted bud- get, nor for any expenditure covered by the adopted budget unless there is a sufficient unexpended balance left after deducting the total past ex- penditures and the sum of all out- standing orders and incumbrances. 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 adopted budget. Any obligation in- curred by any persons in the employ of the city for any purpose not au- thorized in the budget or for any amount in excess of the amount therein authorized shall be a per- sonal obligation upon the person in- curring the expenditure. Section 7.08. ALTERATIONS IN THE BUDGET. After the budget resolution has been adopted, the council shall have no power to increase the amounts fixed in the budget resolution, by the insertion of new items or otherwise, beyond the estimated revenues, un- less the actual receipts exceed the es- timates and then not beyond the ac- tual receipts. The council may at any time, by resolution approved by a majority of its members, reduce the sums appropriated for any purpose by the budget resolution, or by a vote of five members, authorize the trans- fer of sums from unencumbered bal- ances of appropriations in the budget resolution to other purposes. Section 7.09. EMERGENCY APPROPRIATION IN BUDGET. The council may include an emer- gency appropriation as a part of the budget but not to exceed 10% of the total budget. A transfer from the emergency appropriation to any other appropriation shall be made only by a vote of at least five mem- bers of the council and shall be used only for emergency purposes desig- nated by the council. Section 7.10. DISBURSEMENTS. HOW MADE. No disbursement of city funds shall be made except by check signed by the city manager and treasurer and specifying the fund from which it is drawn. No such check shall be is- sued until the claim to which it re- lates has been supported by an itemized bill, payroll, or time -sheet approved and signed by the responsi- ble city officer who vouches for its correctness and reasonableness. The city manager shall note on each con- tract requiring the payment of money by the city the particular fund out of which it is to be paid. The council may by ordinance make fur- ther regulations for the safe -keeping and disbursement of the funds of the city. Section 7.11. FUNDS TO BE KEPT. There shall be maintained in the city treasury a classification of funds which shall provide for a general fund for the payment of such ex- penses of the city as the council may deem proper, and such other funds as may be required by statute, ordi- nytsce or resolution. The council shall have full power by ordinance or resolution to make inter -fund loans, except from trust and agency funds, as may be deemed necessary and ap- propriate from time to time. Section 7.12. ACCOUNTS AND REPORTS. The city manager shall be the chief accounting officer of the city and of every branch thereof, and the council may prescribe and enforce proper accounting methods, forms, blanks, and other devices consistent with the law, this charter, and the or- dinances adopted in accord there- with. He shall submit to the council a statement each month showing the amount of money in the custody of the city treasurer, the status of all funds, and such other information about the finances of the city as the council may require. Once each year, on or before the last day of February, the city manager shall submit a re- port to the council covering the en- tire financial operations of the city for the past year. Such report, or summary thereof, shall be published in the official city newspaper on or before April loth of the year. Section 7.13. CITY INDEBTEDNESS. Except as provided in Sections 7.14 and 7.15, no obligations shall be issued to pay current expenses but the council may issue and sell ob- ligations for any other municipal purpose in accordance with law and within the limits prescribed by law. Section 7.14. TAX ANTICIPATION CERTIFICATES. At any time after January 1st fol- lowing the making of an annual tax levy, the council may issue certifi- cates of indebtedness in the anticipa- tion of the collection of taxes levied for any fund and not yet collected. The total amount of certificates is- sued against any fund for any year with interest thereon until maturity shall not exceed ninety percent of the total current taxes for the fund un- collected at the time of issuance. Such certificates shall be issued on such terms and conditions as the council may determine and shall bear interest at no more than the lawful rate, but they shall become due and payable not later than the 1st day of April of the year following their issu- ance. The proceeds of the tax levied for the fund against which tax antici- pation certificates are issued and the full faith and credit of the city shall be irrevocably pledged for the re- demption of the certificates in the order of their issuance against the fund. Section 7.15. EMERGENCY DEBT CERTIFICATES. If in any year the receipts from taxes or other sources should from some unforeseen cause become in- sufficient for the ordinary expenses of the city, or in any calamity or other public emergency should sub- ject the city to the necessity of mak- ing extraordinary expenditures, the council may by ordinance issue and sell on such terms and in such man- ner as the council determines emer- gency debt certificates to run not to exceed two years and to bear interest not to exceed the maximum limit provided by law. Section 7.16. BONDS OUTSIDE THE DEBT LIMIT. The council may issue bonds for legal purposes outside of the debt limit as provided by law. Chapter 8 Public Improvements and Special Assessments Section 8.01. POWER TO MAKE IMPROVEMENTS AND SPECIAL ASSESSMENTS. The city shall have the power to make any and every type of public improvement not forbidden by the laws of the State of Minnesota and to levy special assessments to pay all or any part of the cost of such improve- ments as are of local character. The amounts assessed to pay for such local improvements may equal the cost of the improvements, including all costs and expenses connected therewith, with interest, until paid, but in no case shall exceed the bene- fits to the property. Section 8.02. ASSESSMENTS FOR SERVICES. The council may provide by ordi- nance that the cost of any service to streets, sidewalks, or other public property, or the costs of any services to other property undertaken by the city may be assessed against the property benefited and collected in like manner u are special assess- ments. Section 8.03. LOCAL IMPROVEMENTS. After this charter takes effect, all local improvements commenced prior thereto shall be completed and assessments may be levied and secur- ities may be issued for the financing thereof as prescribed by the law ap- plicable thereto. The council may prepare and adopt a comprehensive ordinance, prescribing the procedure which shall be followed thereafter, and such ordinance when adopted shall supersede all other provisions of the law on the same subject. In the absence of such ordinance or until adoption of such ordinance, all local improvements may be made and assessments levied therefore as prescribed by any applicable law. Section 8.04. PUBLIC WORKS. HOW PERFORMED. Public works, including all local improvements, may be constructed, extended, repaired, and maintained either by day labor or by contract. The city shall require contractors to give bonds for the protection of the city and all persons furnishing labor and materials, pursuant to the laws of the state pertaining to and govern- ing public works. Chapter 9 Eminent Domain Section 9.01. POWER TO ACQUIRE PROPERTY. The city is hereby impowered to ac- quire by purchase, gift, devise, or con- demnation, any property, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the city for any public use or purpose. Easements for slopes, fills, sewers, building lines, poles, wires, pipes, and conduits for water, gas, heat, and power may be acquired by gift, de- vise, purchase, or condemnation in the manner provided by law. Section 9.02. PROCEEDINGS IN ACQUIRING PROPERTY. The necessity for taking of any property by the city shall be deter- mined by the council and shall be de- clared by a resolution which shall de- scribe such property as nearly as may be and state the use to which it is to be devoted. The acquisition of such property may be accomplished by legal proceedings, as in taking land for public use by right of eminent do- main according to the laws of this state, except as otherwise provided in this charter. Any condemnation proceedings in progress when this charter takes effect shall be contin- ued and completed under the laws under which such proceedings were begun. Section 9.03. PAYMENT OF AWARD. Whenever an award of damages is confirmed in any proceedings for the taking of property under this charter, or whenever the court renders final judgment in any appeal from such award and the time for abandoning such proceedings by the city has ex- pired, the city shall, within sixty days of such final determination, pay the amount of the award or judgment of the court, as the case may be; and if not so paid, judgment therefor may be had against the city. Section 9.04. CITY MAY ABANDON PROCEEDINGS. The city may, by resolution of the council at any stage of the condem- nation proceedings, or at any time within thirty days after final deter- mination thereof, abandon such pro- ceedings as to all or any part of the property sought to be acquired and shall pay all reasonable costs and ex- penses thereof, including fees of counsel. Section 9.05. CITY MAY TAKE ENTIRE PLANT. If the city condemns a public util- ity which is operated at the time of the commencement of the condem- nation proceedings as one property, or one system, it shall not be neces- sary in the condemnation proceed- ings or any of the proceedings of the council, to describe or treat sepa- rately the different kinds of property composing such system; but all the property, lands, articles, franchises, and rights which comprise such sys- tem may, unless otherwise ordered by the court, be treated together as one property and an award for the whole property in one lump sum may be made by the commissioners or other body assessing the damages on condemnation. This does not pre- vent the city, when the plant and property are separable into distinct parts, from acquiring only such part or parts thereof as may be necessary in the public interest. Chapter 10 Franchise and Public Utilities 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, highway or public place for the purpose of opera- ting a public utility or for any other purpose, without a franchise therefore from the city. Section 10.02. FRANCHISE ORDINANCE. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. Every ordi- nance granting a franchise shall con- tain all the terms and conditions of the franchise. A franchise shall be without any validity whatever until it has been unconditionally accepted in all its terms and filed with the city clerk. Section 10.03. TERM. No exclusive or perpetual fran- chise shall ever be granted. No fran- chise for a term exceeding twenty years shall be effective until approval by a majority of the electors voting thereon. Section 10.04. 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 pub- lished at least once in the official newspaper not less than ten days prior to the date of the hearing. Addi- tional notice of such hearing may be given in such a manner as the council may determine. Section 10.05. COST OF PUBLICATION OF FRANCHISE. The grantee shall bear the cost of publication of the franchise ordi- nance and shall deposit sufficient cash to guarantee the publication be- fore the ordinance is passed. Section 10.06. POWER OF REGULATION RESERVED. Subject to any applicable law the council may by ordinance reasonably regulate and control the exercise of any franchise, including 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 util- ity rates, fares, or prices under any applicable law, ordinance, or regula- tion or in proceedings for municipal acquisition of the grantee's property by purchase or eminent domain. Franchise rights shall always be sub- ject to the superior rights of the pub- lic to the use of streets and public places. Section 10.07. RENEWALS OR EXTENSIONS OF FRANCHISES. Every extension, renewal or modi- fication of any existing franchise or of any franchise granted hereafter shall be subject to the same limita- tions and shall be granted in the same manner as a new franchise. Chapter 11 Public Ownership and Operation of Utilities Section 11.01. ACQUISITION AND OPERATION OF UTILITIES. The city may own and operate any gas, water, heat, power, light, telephone or other public utility for supplying its own needs for utility service or for sup- plying utility service to private con- sumers or both. It may construct all fa- cilities reasonably needed for that purpose and may acquire any existing utility properties so needed; but no pro- ceedings to acquire any such public utility shall be consummated unless the city has the money in the treasury to pay for acquisition or has made provi- sion for paying for the property pro- posed to be required. The operation of all public utilities owned by the city shall be under the supervision of the city manager. Section 11.02. RATES AND FINANCES. Upon recommendations made by the city or upon its own motion, the council may fix rates, fares, and prices for municipal utilities but such rates, fares or prices shall be just and reasonable. Before any such rates, fares or prices are fixed by the coun- cil, the council shall hold a public hearing on the matter in accordance with Section 11.04. The council shall prescribe the time and the manner in which payments for all such services shall be made and may make such other regulations as may be neces- sary, and prescribe penalties for vio- lations of such regulations. Section 11.03. PURCHASES IN BULK. The council may, in lieu of provid- ing for the local production of gas, electricity, water, and other utilities, purchase the same in bulk and resell them to local consumers at such rates as it may fix. Section 11.04. NOTICE OF HEARINGS. Notice of hearings shall be pub- lished at least once 'in the official newspaper not less than ten days prior to the date of hearing. Addi- tional notice of such public hearing may be given in such manner as the council may determine. Section 11.05. LEASE OF PLANT. The council may, if the public in- terest will be served thereby, con- tract with any responsible person, co -partnership, or corporation, for the operation of any utility owned by the city, upon such rentals and con- ditions as it may deem necessary; but such contract shall be embodied in and let only by an ordinance by five - sevenths vote of the council and sub- ject to popular referendum. Such or- dinance shall not be an emergency ordinance. In no case shall such con- tract be for a longer term than ten years. Section 11.06. PUBLIC UTILITY. HOW SOLD. No public utility owned by the city shall be sold or otherwise disposed of by the city unless the full terms of the proposition of sale or other disposi- tion are embodied in an ordinance approved by a majority of the elec- tors voting thereon at a general or special election. In the case of a water works or light plant, any sale, lease, or abandonment shall be subject, in addition, to the requirements of state statutes. Chapter 12 Miscellaneous and Transitory Provisions Section 12.01. OFFICIAL PUBLICATIONS. The council shall annually desig- nate a legal newspaper of general cir- culation in the city as its' official newspaper in which shall be pub- lished ordinances and other matters required by law to be so published as well as such other matters as the council may deem in the public inter- est to have published in this 111 B W I L11'. Section 12.02. OATH OF OFFICE. Every officer of the city shall, be- fore entering upon the duties of his office, take and subscribe an oath of office in the following manner: "I sol- emnly swear (or affirm) that I will support the constitution and will obey the laws of the United States and of the State of Minnesota, that I will, in all respects, observe the pro- visions of the charter and ordinances of the City of Crystal, and will faith- fully discharge the duties of the office to the best of my judgment and ability." Section 12.03. CITY OFFICERS NOT TO ACCEPT FAVORS OR CONTRACTS. No member of the city council or employee of the city shall solicit or receive any pay, commission, money, thing of value, or derive any profit, directly or indirectly, from or by rea- son of any improvement, alteration or repair required by authority of the city more favorable than those granted to the public generally, or any contract to which the city shall be party, except his lawful compen- sation, including authorized expend- itures, or salary as such member of the city council or as such employee. No member of the city council or em- ployee of the city shall solicit, accept or receive, directly or indirectly, from any public utility corporation or the owner of any public utility or fran- chise, any pass, frank, free ticket, free service, or any other favor, upon terms more favorable than those granted to the public generally. A vi- olation of any of the provisions of this section shall disqualify the of- fender, if found guilty, from continu- ing in office or in the employment of the city, and he shall be removed therefrom. Any contract with the city in which any member of the city council or employee of the city is, or becomes directly or indirectly inter- ested personally, shall be voidable at the option of the council; and any money which shall have been paid on such contract by the city may be re- covered from any or all of the persons interested therein by joint or several action. Section 12.04. OFFICIAL BONDS. The city manager, the city clerk, the city treasurer, and such other of- ficers or employees of the city as may be provided for by ordinance shall each, before entering upon the duties of his respective office or employ- ment, give a corporate surety bond to the city in such form and in such amount as may be fixed by the coun- cil as security for the faithful per- formance of his official duties and the safekeeping of the public funds. Such bonds may be either individual or blanket surety bonds in the discre- tion of the council. They shall be ap- proved by the city council and ap- proved as to form by the city attorney, and filed with the city clerk. The provisions of the laws of the state relating to official bonds not consistent with this charter shall be complied with. The premium on such bonds shall be paid by the city. Section 12.05. SALES OF REAL PROPERTY. No real property of the city shall be disposed of except by ordinance. The proceeds of any sale of such property shall be used as far as possi- ble to retire any outstanding indebt- edness incurred by the city in the purchase, construction, or improve- ment of this or other property used for the same public purpose. If there is no outstanding indebtedness, the council may by ordinance or resolu- tion designate some other public use for the proceeds. Section 12.06. VACATION OF STREETS. The council may by ordinance, ap- proved by at least five members of the council, vacate any street or alley or part thereof within the city. Such vacation may be made only after published notice and an opportunity for affected property owners and public to be heard, and upon such further terms and by such procedure as the council by ordinance may pre- scribe. A notice of completion of such proceedings shall be filed in accord- ance with law. Section 12.07. CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF THE FORMER MUNICIPALITY. The City of Crystal shall remain vested with and continue to have, hold, and enjoy all property rights, rights of action, and rights of every kind, privileges and immunities now belonging to or pertaining to the Vil- lage of Crystal, and shall be subject to all liabilities which exist against the said Village on the effective date of this charter. Section 12.08. PRESENT ELECTED OFFICERS TO HOLD OFFICE TILL WHEN. The present elected officers of the city shall continue in their respective offices and functions, and shall con- tinue to govern the city in the usual manner until December 31, 1960. They shall make such financial and other provisions for the fiscal year 1961 as will serve to carry on the gov- ernment 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 for in this charter. Section 12.09. STATUTES NOT AFFECTED BY CHARTER. All general laws and statutes of the State applicable to all cities opera- ting under home rule charters, or ap- plicable to cities of the same class as the City of Crystal operating under home rule charters, and not inconsis- tent with the provisions of this char- ter, shall apply to the City of Crystal, and shall be construed as supplemen- tary to the provisions of this charter. Section 12.10. EXISTING ORDINANCES CONTINUED. All ordinances and regulations of the municipality in force when this charter takes effect, and not incon- sistent with the provisions thereof, are hereby continued in full force and effect until amended or repealed. Section 12.11. FINES AND PENALTIES. All fines, forfeitures, and penalties recovered for the violation of any or- dinance shall be paid into the city treasury. Every court or officer re- ceiving such moneys, within 30 days thereafter, shall make return thereof under oath and be entitled to dupli- cate receipts for the amounts paid. One of the receipts shall be filed with the city clerk.