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City Charter
CHAPTER 1 NATE BOUNDARIES, POUERS, 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 effect of this charter, continue to be a municipal corpor- ation, 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. POEMS OF THE CITY* The city shall have all powers which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony with the 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 laffully confer upon themselves, as a municipal corporation, by spacific enumeration in this charter shall be deemed to have been so conferred by the provisions of thie 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. C.TMTIM A PUBLIC ACT. This charter shall be a public act and need not be pleaded or proved in any case. It shall take effect thirty days from and after its adoption by the voters. CHAPTER, 2 FORJA OF GOVERNMENT Section 2*01, FORM OF GOVERNMENT. The f orm of government established by this charter is the "Gouncil,-M m e:r Plan,," The council shall exercise 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 administration of all affairs relating to the city. Section 2oO2. BOARDS AND CONIUSSIONS, There shall be no separate administrative board of health, library board, park board, or any other administrative board or commission, except for the civil service commission and for the administration of a function jointly with another political subdivision. The council shall itself be and perform the duties and exercise the powers of such boards and commissions. The council tray, however, establish by ordinance 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 TBW4S. The council shall be composed of a mayor and six councilmen who shall be qualified electors, and shall hold no other public office except that of notary public or member of the National Guard or naval or military reserve, and who shall further qualify as provided in this charter, The mayor and councilmen must reside within the boundary limits of the city and the councilmen must further satisfy residence requirements as set forth in Section. 2.04,, The mayor shall be elected at large. Each of the ward resident councilmen shall be elected by the qualified electors of the ward in which he resides and each of the section resident councilmen shall be elected by the qualified electors of the s eetion in which he resides. The mayor and the councilmen shall be elected for a term of three years and until their successors are elected and qualified. At the first election held after the adoption of this charter the offices of resident councilmen of Section One and the First, Second, and Third Wards shall be filled. The resident councilmen of the First and Second %rds Mall serve until December 31, 1962, and the resident councilmen of Section One and the Third 'lard shall serve until December 319 1961. To insure continuity of government the present terms of of£icen ayor and trustees shall finish their terms of elected office. The trustee whose term of office expires December 31, 1961, shall be resident councilman of the Fourth Ward, and the trustee whose term of office expires December 31, 1962,-shall be resident councilman of Section Two, Section 2.04. RESIDENT COUNCILMEN, Four of the wounwilmou shall be yard resident councilmea and shall be qualified as follows: One councilman shall be, at the time of his elactioa ar appofntmmn, a resident of the First ward. Ono counoilsun shall be, ab thu time of his election or appointment, a resident of the Second :lard. One connai,lman shall be, at the time of his election. or appointment, a arsai.dent of the Third .'lard, one councilman shall, be, at ha time of his election or appoi,ment, a resident of the Fourth Ward, Two of the councilmen shall be section resident councilmen and shall be qualified as follows: One councilmen shall be,, at the time of his election or appointment, a resident of Section One, consisting of ?"Fords One and Two. One council - scan shall be, at the time of his election or appointmont, a resident of Section Two, consisting of wards Three and Four. 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 councilmanos term,, Section 2.05, 1ARtDS. The area of the city as now or hereinafter established shall be divided into four wards, fWv1 w of the wards ahali bo mace by the council aad reapportionment to comply with this oaction shall be made within two years from the year in which a Federal ceneus 10 taken #o that oath Ward QVII caUtain not more than 30% nar less than 2D Of the population of the oily, Reapportionment ahall be by ordinance. If the council, shall fail to reapportion within the period proscribed, the mayor and counci2jm i sh,a] 1 forfelt all renunaratioa until tho -wards of the city are reappor- tioned as required by this charter,,, The city shall be divided into four cards 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 Qrd 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 Avenue 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 most by the limits of the city, Fourth Hard shall be bounded on the aouth 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 office or employment under the city; and until one year after the expiration of his term as mayor or councilman no'for°mer member shall be appointed to any paid appointive office or employment under the city. Section 007, VACANCIES IN THE COUNCIL, A vacancy its the cou.nzil shall be d,smad to exist in va.ee of the failure of wv person elected thareto to qualify on or teioare the date of the second rogulzr meeting of the now council, or by raaaon of the death, resignation, removal from 01fice, removal from the city, ward, or auction, continuous absence Som the city Bar more than three months, an conviction of a tslamay of any such person whether before or after h1a qualification, or by roason of the fai.l.ua"e of any councilman without good cauoa to perform any of the duties of uambership in the council for a period of three montha. In each each case the council, shall by reoolttion declare such vacancy to exiat an? except in the cane or recall, shall forthwith appoint an eligible person to fill the came until the Next regular municipal election, when the office shall be filled for the unexpired term, Section 2,08, THE MAYOR* The mayor shall be the presiding officer of the counol, except that the council. shall choose from its members a mayor pro tem vino shall hold office at the pleasure of the council and shall serve as mayor in case of the mayoras disability or absence from the city, or in case of a vacancy in the office of mayor until a successor has been appointed and qualified, The mayor shall have a vote as a member of the council,, Re shall e=rci% all powO ra and perform all duties conferred and imposed upon him by this charter, the ordi.namfos of the ci,tyo and the laves of the stats, 119 aball be recognized as the official, head of the city for all ceremonial purpoussa by the courts for thO Purpose of setving civil; proceaa, and by the governor for the purpoees of martial law- He Shall ratudY tho oparati.ons of the oily government and shall report to the council any neglect, dereliction of duty, or waste on the part of any officer or department of tha city, In Lima of public Bangor or emmsogenny he may, with the ova - went of the councilp take command of the polico, maintain ordor 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 ordinance, Section KID, INVESTIGATION OF CITY AFFAIRS. The council and the city manager, or either of them, and any officer or officera formally authorized by them, or either of them, shall have power to make investigations Into the city°s affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers. The council shall, provide for an audit of the c ity m a accounts at least once a year by the state department in charge of such work or by a certified public accountant, The council may at any time provide for an examin- ation or audit of the accounts of any officer or department of the city government and it may cause to be made any survey or research study of any subject of municipal concern, Section 2.11. INTWERENCES WIT11 ADMINISTRATION, The council or any member thereof shell not dictate the appointment of any person to office or employment by the city manager, or in any manner interfere with the city- manager or prevent him from exerolsing his own'judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry the council and its members shall deal with and control the administra— tive service solely through the city manager, and neither the council nor any member thereof .shall give orders to any of the eubordinatas of the city manager., either publicly or privately. Section 2.12o COURTS. Until a municipal court is astabl.i.shad and in operation pursuant to state law', there shall be two justices of the peace of the city veha ahal.l have all power and autharity'rim vested In the justices of thki pm�aee of tbe, ViUage of Crystal under state law, The present t;xo justi.cas of the peace of the village shall, continue as suoh justices of the peace of the city until, their preaea tormo respectively axoirod fteancies in Via office of justice of the peace shall be filled for the remainder of the term by the council, CIHAPTM 3 PROCEDURE OF COUNCIL Section 3.01. COUNCIL WZTINGS. On the first business day of January following a regular municipal election, the council shall meet at the usual place and titer f or the holding of council meetings. At thie time th© newly elected members of the council shall assume their duties. Thereafter the council shall meat at such times each month an may be pro— scribed 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 public, and any citizen shall have access t o the minutes and records thereof at all reasonable times. Section 3.020 COUNCIL NFZTING OFFICERS. The council shall choose such officers and employees as may be necessary to serve at its meetings. The council shall appoint a secretary of the council. He shall give notice of its meetings, shah keep the journal of its proceedings, and shall perform such other duties as shall bo required by this charter or by ordinances The council may designate any official or employee of the city,, except the city manager, the .mayor, or a member of the council, as secretary,, 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 attendance of absent memberso Section 3.04. MDINANCES, RESOLUTIONS, AND MOTIONS, .. Except as in.this charter otherwise provided, all legislation shall be by ordinance. The "yes" and "no" vote on ordinances, resolutions, and motions shalt be recorded unless the vote is unanimous. An affirmative vote of a majority of all the members of the council shall be required for the passage of all ordinances and resolutions *.except as otherwise provided in this charter. Section 3.05. PROCEDURE ON ORDINANCES. The enacting clause of all ordinances shall be in the words, "TheCity of Crystal does'ordain." Every ordinance shall be presented in writing, No ordinance., except an emergency ordinance, shall be passed at the meeting at which it is introduced and at least fourteen days shall elapse between its introduction and final passaged Section 3.06. EMMGENCI ORDINANCES. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals safety, or welfare in which the emergency.is defined and declared in a preamble thereto, and is adopted by a vote of at least- Section 3,06. EMERGENCY ORDINANCES (continued) five members of the council. No prosecution shall be based upon the provisions of any emergency ordinance until twenty-four hours after the ordinance 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 reading of a resolution is dispensed with by unanimous consent, Section 3,08, SIGNING AND PUBLICATION OF ORDINANCES AND RESOLUTIONS. Every ordinance or resolution passed by the council shall be signed by the mayor or by two other members, attested by the city clerk and filed and preserved by him, Every ordinance shall be published at least once in the official newspapero 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 regulation, a code, or ordinance or part thereof without publishing the material referred to :in full, Section 3.09. MIEN ORDINANCES AND RESOLUTIONS TAKE EFFECT, A resolution and an emergency ordinance shall take effect immediately upon its passage or at such later date as is fined tborein. Every other ordinance 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 immed- iately 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 repealing a previous ordinance or resolution or section or subdivision thereof shall give the number, if any, and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resol- ution or section or subdivision thereof shall be amended by reference to the title alone, but such an amending ordinance or resolution shall set forth in full each section or subdivision to be amended and shall indicate Hera matter by underscoring and old matter to be omitted by enclosing it in brackets. In newspaper publication, the same indications of omitted and new matter shall be used except than italics or bold-faced type may be substituted for underscoring and omitted matter may be printed in capital letters within parentheses. Section 3.11.. REVISION AND CODIFICATION OF CRDINANCES. The council may revise, rearrange, and codify it, ordinances with such additions and deletions as may be deemed necessary, except as otherwise provided for under Section 5.08. Such ordinance code shall be published in book, pamphlet, or continu- ously revised loose-leaf form and copies shall be made ava,i2able by the council at the office of the city clerk for general distribution to the public free or at a reasonable charge. Publication in such a code shall be a sufficient publication of any ordinance provision not previously published if a notice is published in the official newspaper for at least two successive vaeeks that copies of the codification are available at the office of the city clerks CHAP TFk 4 NOMINATIONS A'in %L7CTIONS Section 4.01. GENERAL EUCTION LAWS TO APPLY, Except as hereinafter provided, the general laws of the State of Minnesota pertaining to registration of voters 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 e.lectj,on shall be held on the 18t niesda.y after the Ist Monday in November of the year In which an election is to be held at such place or places as the city ,Qunnil may designate by resolutioxl,. At least 15 days notice shall be .;Iven by the city cl-erk of the tim and places of holding ouch election, and of the offices to be elected* by posting a notice thereof in at least one public V7-ace in each ward or wards where the election is held and by pubii:hing a notice thereof at least once in the official newLTpa.per of the city, but failure to give such nottoe shaU not Invalidate such. olection, Section 4,,03. PRIMARY ELECTIONS. The council shall wherever three or more. Oo,ndidates have filed for any citywide Office, or for resident councilman of any ward, or section, provide through ordina,neg or resolution for a primary alection to be held, citywide or in any particular ward, or secticil, and such primary election shall be held on a daim not less than 25 days prior to the general el.ecti_oik. At least 15 daY8 nouce shall be given by the clerk of tine time and planes of holding such election, and or: the. o.tfi.cerr, to be eleetedj, by posting a 11otice thereof in at Least one public place in each ward where the election is field„ and by publishing a notice thereof at least once in the official newspaper Of the city, but i'ailvre tc glve such notlee shall riot invalidate Bach election., Section 4.o4. SPECIAL ELECTIONS. The council may bz,•Ix-volution order a special election and provide all means for holding such special election, provided that three consecr.tive weeks published notice of said special election 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, J,Ti-MS OF ELECTION The council shall at least 25 days before each municipal election appoint quali- fied electors for each voting 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 b7r net Ltivn� The nime of any qualified elector of the city shall be printed upon the ballot whenever Section 4.06. NOMINATIONS BY PETITION (continued) a petition as hereinafter. prescribed shall have been filed in his behalf with the city clerk. Such petition shall be signed by at least ten q,ualifi.ed ejector, q aai.- fied to vote f or the office in question No qualIfted elsotor shall sigr� p'Qtit3ono for mare c=didataa for arW office than t1ja number of persons to be ub,osen vor that cXiica at t1m election shnald he do so* his signature oball be void as to the petition or petitions last filed. All nominatil3na small be in the hands of the oity 01ork at least 68 d+Ve before the genurall city olecticc. The clerk shall prepare the ballots wM the rya of the candidates for an office In a manner to be provided by cwdirance, Each petition, when presents: j, mast be acempanied by a five dal (5.00) filing fee. Section 4.07. NOMINATION PETITIONS, lbo ui ffmatures to the romination patibion need not all be appended to one pager, but to each separate paper there almll. at�taehed as aff�davit o£ the oirculator thereof atatin.g the numbez- cf sigwrs of such paper and that each si =thin appended thereto was made in Ilia prei�e=e and is tho germ si ture of tho person whose acme it Parports to be. With aaab signature shall bo atewed the place of residence Of the signer, giving the street and tho number m, othor descr ption sufficient to identify tho same. The nominee ajral.l indieate Eyy an endoroement upon the petition that he will accept the Offica if elected, thereto., The foam of the nomination petition shall be as folloYrs: Nomination Petition We, the undersigned, electors of the City of Crystal, hereby nominate and sponsor whose residence is , for the of co of to be voted for at the election to to gold on the day of , year and we individually certify that we are qua fled el6—OW—OWand we have not signed more nomination petitions of candidates for this office than there are persons to be elooted.thereto. Name Street and Number being duly sworn, deposes and says that he is the circul- a or Of e orego PQ 1 ion paper containing signatures, and that the signatures appended thereto were made in his presenceeaand are the genuine signatures of the persons whose names they purport to be, Signed Subscribed and sworn to before me this I day of ,i year Notax Section 4,07. NOMINATION PETITIONS, (continued) This petition if found insufficient by the city clerk, shall be returned to at „_, street, I hereby indicate any willingness to accept the office of it duly elected thereto. Signed 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 rmay, not later than 12 oQclock 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 withdrawal reduces the Number of candidates remain- ing for a particular office so that the number of remaining candidates is less than two., then other nominations may be made by filing petitions therefor as herein provided, but not latex 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 fiU 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 declaration 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 forthwith 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 taking, subscribing and filing with the city clerk the required oath of office. Clium 5 INITIATIVE. ERENDU 2 AND RECALL Section 5.01. PUMS, 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., except an ordinance appropriating money or authorizing the ley of taxes, to require such an ordinance when passed by the council to be referred to the electors for approval or disapproval,, and to recall elected public officials. These powers shall be called Initiative. the Referendum, and the Recall respectively, Section 5.02. EXPENDITURES BY PETITIONERS. No mewber of any initlativap rofaread=, or recall couuittee,, axo eirculat r af a signature paper, and no signer a wW e-ich paper,, or a W otbor person, ahall accent or offer any r emwd, pecuniary or othorrrisa. f or service rsndemd in cormection vrith the eirou tion thereof* but thin a#al} not prevent the oamptittes from paying for legal advice and from incurriTq all esxpenwe not to s eer! fifty dollars (5p.O0) for stationary, couyi , printing, and notaries' fees. Arty violation of the provisiona of this section is a misdemeanor, INITIATIVE Section 543. INITIATION OF MEASURES, Any five O_Ml,iftcd electors may farm themselves into a committee for the initi- ation of anY 01-dinarnae except as provided in Section 5.01. Before circulating any petition ttwy WhQ1 file a verified copy of their prop000d ordinaws with the city clerk together with their names :,znd addresses as msmberI3 of each citteea Troy shaU also attaub a verified copy of the proposed ordinance tco each of the sigmtUre papers herein doscnribed, together with their runes and addresses as sponsors thereof, Section 5.04. FM CP PETITION AND CF SIGNATURE PAPERS. The petition for the adoption of any ordinance shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of voters equal to at least five percent of the total number of qualified alastarn r�egietorad in the city at the tame of the regular municipal aleeti.on immodiatoly ari.or to the tiling of said petitloa. All the signatiwea need not be on one 61gmture paper., but the oiroul ator of every such paper shall sake an affidavit that each a;Ignature appended to the paper is the gartaine signature of the pardon whose nama it purports to be. Each €signature paper s haU be in aabstantiallyr the follav&ng fQmi INITIATIVE PETITION Proposing an ordinance to (stating the purpose of the crrdinance), a copy of which ordinance is here o a ace is ordinance is sponsored by the following committee of electors: N oe Address 2. 1, 3 a Section 5.04. FORM OF PETITION AND OF SIGNATURE PAPERS (continued) 4. 5. The undersigned qualified electors, understanding the terms and the nature of the ordinance attached, petition the council for its adoption or, in lieu thereof, for its submission to the electors for thair approvalo Name 1. 2, 311, Address Section 5.05. FILING OF PETITIONS AND ACTION TIEREON. All the signature papers shall be filed in the office of the city clerk as one instrument, Within five days after the f iling of the petition, the city clerk shall ascertain by examination the number of electors whose signatures are appended thereto and whether this number is at least five percent of the total number of qualified electors registered in the city at the time of the regular municipal election immedi- ately prior to the filing of said petitiono If he finds the petition 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 additional signature papers and to correct the petition in all other particulars. If at the and of that period the petition is found to be still insufficient or irregular, the city clerk shall file it in his office and shall notify each member of the committee of that fact. The final f inding of the insufficiency or irregularity of a petition shall not prejudice the filing of a clew petition for the same purpose, nor shall it prevent the council from referring the ordinance to the electors at the next regular or any Ep ecial election at its option. Section 5,06. ACTION OF COUNCIL 11 PETITION. Nhen the petition is found to be sytifficient, the city clerk shall so certify to the council at its next meeting, stating the number of petitioners and the percentage of the total number of voters which, they constitute, and the council shall at once read the ordinance andxafer it to an appropriate committee,, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the ordinance., after the holding of Which the ordinance shall be finally acted upon by the council not later than sixty-five 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 f orm diffaretat 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 tha electors as the next regular municipal election; but if the number of signers of the petition is equal to at least ten percent of the total number of qualified electors registered in the city at the time of the regular muni— cipal election immediately prior to the filing of said petition, the -council shall call a special.election upon the ordinanceo Such special election shall be bald 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 Section 5.06. ACTION OF COUNCIL ON PETITION. (continued) submission to the council when there has been no final action; but if a regular election is to occur within three months, the council may submit the ordinance at that election. If the council passes the proposed ordinance with amendments and at least four f3fthe of the comi.ttee of petitioners do not express 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 tiv electors, Section 5,07, INITIATIVE AALLOTS. The ballots used v&en voting upon szry such proposed ordinance shall state the Bubavanoe of the ordi.mwice and aball give U-La vo•�srs the opportunity to vo-p aithatw "y-ss't or "'moll on the gweotion of adoption. if a majority of the eloctors voting on any such ord.ita a vote in Vivor of its it shall theratipon become an ordiname of the city. ArV number of proposed ordinances may bin voted upon at the sates election but the voter shall be alloyed to vote fw or against each separately, In oase of in- conBiatanv betvmen two initlatad m diraa.nuos approved at one election$ the one approved by the higher percentage Of e2ectOrs Voting on the question shall prevail to tha oxtent of the Lnaunsiate ro Section 5,08. AMENDMENT OR REPEAL. Any ordinance adopted by tha vote of the perople cannot be repealed or amended except by a vote of the people, Section 5.09, INITIATION OF CHARTER AM- NDIENTS. Nothing in this charter shall be construed as in any way affecting the right of the electors under the constitution and the statutes of Minnesota to propose amend- ments to this charter. IEFMENDMI Section 5,1.0, THE REFERENDUM, If prior to the date when an ordinance takes effect, a petition signed by quali- fied electors of the city equal in number to five percent of the total number of qualified electors registered in the city at the time of the regular municipal election immediately prior to the filing of said petition, is filed with the city clerk re- questing that any such ordinance be repealed or submitted to a voto of the electors,, the ordinance shall thereby be prevented from going into operation,' The council shall thereapon reconsider thv ordinance at ito nexet, aregalar me-oti.ng and elther repeal it or by "yee"° and "no" Grote re --affirm its adherence to the ordinance as passed, In tin latter case the comwil aba.11 immmdis ely order a amoial e1ect#.on to be hold thereon, Or submit the ordinance at, tie next ragul.ar municipal election; pending which the ord- inance shaa.1 remain suupanded, If a maJwll ty of the electors voting thereon is apposed to the tjrdiz=o4 i} it shall not b000me effootive; 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 Sections 5,03 and 5.04 fcr the formation of committ- ees for initiation of ordinances and the form of petitions and signature papers shall apply to the referendum as far 'as possi.ble, but Ath such verbal changes as may be Section 5,11. RE 1 NDUff PETITIONS. (continued) necessary„ A referendum petition shall read as follows: REFE RE, PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance 9.s erato attacM. The proposed repeal is sponsored by the following committee of electors t Name .Address 1. 3� 4# 5. The undersigned petitioners, 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 A ddreso 3., 2 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 Section 5,13, IUD, RECALL. Any fig*e qualified electors within the city may font themselves into a committee for the purpose of bringing about the recall of any officer elected by the entire city. Any five electors within a section or card may form themselves into a co=ittee for the purpose of bringing about the recall of any officer elected from their respective section or ward. Such committee shall certify to the city clerk the name of the officer whose removal is sought, a statement of the grounds for removal in not more than 250 words, and their intention to bring about his recall. A copy of this certificate shall be attached to each signature paper and no signature paper shall be put into circulation previous to such certification, Section 5.14. RECALL PETITIONS. The petition for the recall of any official shall consist of a certificate ident- ical with that filed with the city clerk together with all the signature papers and affidavits thereto attached. A11 the signatures need not be on one signature paper, but the circulator of every paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be in substantially the following form: RECALL PETITION proposing the recall of from his office as which recall is sought for the reasons set f crth in the attached certificate, This movement is sponsored by the following committee of electors: Narno 1, 3. 4. 5& Address The undersigned qualified electors, understanding the nature of the charges against the officer sought to be recalled., and residing in the clay, Section, or ward (whichever is applicable) from which the officer was elected., desire the holding of a recall election f or that purpose. Nam 1, 2, 3. Address At the end of the list of signatures shall be appended the affidavit of the circulator. Section 5.15. FILM OF PETITION. Within thirty days after the filing of the original certificate., the committee shall file'the completed petition in the office of the city clerk. The city clerk shall examine the petition within the next five days, and if he finds it irregular in any way, or finds that the number of signers is less than ten percent of the total number of qualified ©lectors registered in the city at the Lima of the regular municipal election immediately prior to the filing of said petition, he shall so notify one or more members of the committee. The committee shall then be given ten days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement of the grounds upon which the recall is sought. If at the end of that time the city clerk finds the petition, still insufficient or irreg- ular, 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 petition is fouutd sufficient, the city clerk shall txanermit it to the cou roil wi.thput delay 7 and shall rali3o off icially notify the perr3on sought to be recalled of the suffioiency of the pe-11ition and of the pending action, The council, shall at lts newt, =etirg, by resolution, provide far th+a holding of a spacial rsaall election to conform as nearly as poosibl.e to that prescribed for other ]�Iunlcipal, alectiom. The cleric shall inelude with the published notice of the election the atatament of the grounds four the recall awW also, in not more than 500 words, the anFwer of the Officer cont*.r aed is justi,ric atiarx of his coursa in Office, Can- didatee to succeed the eiicor to be recalled Shall ba na inated In the usual way, Section 5.17. FORTH OF RECALL BALLOT, Unless tho off i.cer whose rinmo ral is sought resi,os within ten days after the receipt by tier oouneil of the completed recall petitions the form of the ballot at such election shall be as riar as arary be.. "slaan be recalled?," the name of the Officer Wncse recall is #ought being insEw d in leeblank., and the qualified electors shall be pera,tted to vote seprxratel,y "yes" ar "no" upon this qu cation. Tho ballot ahall also contain the names of the aandi.datas t4 be votod upon to fill the vaaanay, in case tha recall is succasa£ul., under the caption: "C,andidates to fill the place of , if recalled;" but the officer trhose recall is sought Sh 1 not laimse bo a candidate upon such ballot, If a maJority of those voting on the queation of recall _note in #aver of recall; the official shaU be thereby rAmroved from oPfi.ce, and the csMi date who receives the highest ntm►bar of votos for his place ah l.l, be elected thereto, fW the rama.inder of the unexpired terra, If the officer sought to be recalled resigns within ten drays after the receipt by the council of the completed recall petition; the form of ballot at the election shall be the same, as nearly as possible, as the form in use at a regular municipal election, CHAPTER 6 ADMINISTRATION OF 0177 APFAIRS Section 6.01. THE CITY MANAGER. The city manager shall be the chief administrative officer of the city. He shall be chosen by the council solely on the basis of his training, experience, and adminK strative qualifications. The choice shall, not be limited to inhabitants of the; city or states but he shall be a citizen of the United Staten. The city manager shall be appointed for an indefinite period and he shall be removable by the council at will, provided, hanever,, that if removed at any time niter one year of service, he may within fifteen days after his removal demand written charges and, a public hearing on the same before the council, but pending and daring such hearing the council may suspend hire from office, with or without pay. Such public hearing shall take place within thirty days after the demand for the same and the written charges dhall be furnished him by the council at least ten days before the hearing. During the sus- pension, absence or disability of the city manager, or in case of a vacancy in the office of the city manager, the duties of his office shall be performed by some pro- perly qualified person designatod by the council, as acting manager. Section 6.02. POWERS AND DUTIES OF THE CI77 HANAGER. Subdivision l; Subject to the provisions of this charter and any council reg- ulations consistent therewith, the city massager shall control and direct the admini- stration of the city'ss affairs. He shall have the powers and duties set forth in the following subdivioionst Subdivision 2. He shall see that this charter and the lams, ordinances and resolutions of the city are enforced. Subdivision 3. He shall appoint, upon the basis of merit and fitness and subject to applicable civil service provisions, if any, all officers and employees of the city, except the city attorney whose appointment and removal shall be at the discret- ion of the council. He may remove or suspend, subject to applicable civil service provisions, if any, all officers and employees of the city with tha consent and approval of the council. Subdivision 4- He shall exercise control over all departments and divisions of the city administration created by this charter or by the council. Subdivision 5. He shall attend all meetings of the council, with the right to take part in the discussion but not to vote; but the council may in its discretion exclude him from any meeting at which his removal is considered. Subdivision 6.. Be shall recommend to the council for adoption such measures as he may doom necessary for the welfare of they people and the efficient administration of the cityos affairs, Subdivision 7. He shall keep the council fully advised as to the financial condition and needs of the city, and he shall prepare and submit to the council the annual budget. Subdivision 8. He shall prepare and submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time he shall :suggest amendments to such code. Section 6,02. POWERS AND DUTIES OF THC CITY MANAGER (continued) Subdivision 9. He shall perform such other duties as may be prescribed by this charter or by law or required of him by ordinances or resolutions adopted.by the council. Section 604 DERAXRTMZNTS OF ADMINISTRATION. The council may create such departmenta, divisions, and bureaus for the admin- ietration of the cityea affairs as may seem necessary, and from time to time alter. their powers and organization. It may, in conjunction with the city manager, prepare a complete administrative code for the city y and anact it ; in the farm of as ordinance, which may be amended from time to time by ordinance, Section 644. SUB0 DINA:tE OFFICERS, Tharo shall be a city cIMp city treasurer, city attorney, city assossorp and such other off Wars subordinate to tho city manager au the council w y creato by - ordinance. 7'he city 61ark shall bs subject to the direction of the city manager, and chall have such dutioo in connection .w iith the keeping of the public records, the custody and diaburseaant of the public funds, and the general administration or thhe city's affairs as tho council aaad ttsl,s charter prescribe. So may be designated to aqt as secretary of the council and alao as treasurer, The council may by ordinance abolish officoa VIV have been created by ardinaace, and it may combine the duti on of varioua offices an it may see fit, Section 6,05. PURCHASES AND CONTRACTS. Ila city manner shall oa the chief parchasina agent of the city. Al]. city pur- chazes and contracts ahall be made or let by the city manager when the amount of this purohaso or contract does not excead one thousand doll.are ($1,O00). All other pux� chases shall be We and all other contrraots lot by the council after the recommend- ations of the city manager have first been obtained. All contracts, bonds, axed Inatrumea s af aW Id3nd tv Wich the city is a party Wall ba signed by the mayor and the city manager on behalf or the city and shall be exacated in tho nam oS 'the city, Section 6.06. CONTRACTS: HOW .,r•.S. 14 a]l caueo of shark to be dons by contract, or of the purchase of personal property of aay kind, where the amoant involvod is more than one thousand dollirss ( 1.,000), unless the council shall by an anargoncy ardinante othurwive provide, the city manager Wall advertisa for bids in auch manner as may be demi.gnated by the council, Contracts of thin nagni.taAa shall be let only by the oousnazl, upon the recommandation of the city manager to the lowest reuponBihle bidder. Tho council may, however, reject aLy and all bids. Nothing con ainad in this section shall prevent the council, from contracting ly a f iva-moventhn vote for the doW8 of work Frith patented processes, or from the purchasing of psteated appllanaeu. Sub fact to the provisions of this charter, the council may by ordinance adopt further regulations for the Wing of bide and the ]letting of contracts. CHAPTER 7 Section 7.06, PASSAG' 7, THE BUDGET. (continued) 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 auditing 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 to provide by ordinance for a system of local taxation. In the taxation of real and personal property as such, the city shall conform as fully as possible to the general state law as to the assessment of such property and the collection of such taxes. Section 7.04. BOARD OF EQUALIZATION. The council shall constitute a board of equalization to equalize assessments of property for taxation purposes according to lawn Section 7.05, PREPARATION OF T'_HE 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 special assessment funds, and may include any of such funds at the discretion of the council. The estimates of ex- penditures for each fund budgeted shall be arranged for each department or division of the city. The budget shall show the income and expenditures classified in accord- ance with good accounting principles. The city manager shall submit with the estimates such explanatory statement or statements as he may deem necessary, and under this charter he shall interpret this section as requiring comparisons of the cityls 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 publi- cations of the official city newspaper 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 conducted 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 complete 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 shell 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 October 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 accordance with law not later than October 10. At the beginning of the fiscal year, the sums fixed in the budget resolution shall be and become appropriated 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 strictly 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 budget, nor for any expenditure covered by the adopted budget unless there is a sufficient unexpended balance left after deducting the total past axpendi,tuxes and the sum of all outstanding orders and iiwuimbrances. No officer or employee of the city shall place any order cr make any purchase except for a purpose and to the amount authorized in the adopted budget. Any obligation incurred by any person in the employ of the city for any purpose not authorized in tha budget or for arty amount in excess of the amount therein authorized shall be a personal obligation upon the person incurring 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 to the budget resolution, by the insertion of new items or otherwise, beyond the estimated revenues, unless the actual receipts exceed the esti- mates and then not beyond the actual 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 transfer of sums from unencumbered balances of appropriations in the budget resolution to other purposesq Section 709, EMERGENCY APPROPRIATION IN BUDGET. The council may include an emergency 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 members of the council and shall be used only for emergency purposes designated 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 isaued until the cla-im to which it relates has been supported by an itemized bill* payroll, or time -sheet approved and 5%ned by the responsible city officer who vouches for its aorrectnoss aa-id reasonableness. The city manager shall note on each contract requiring the payment Of monfly by the city the particular .fund out of which it is to be paid, The aounell may by ordinance make farther regulations for the sa;'e-keeping and disbursement ar 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 expenses of the city as the council may deem proper, and such other funds as may be required by statute, ordinance, 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 appropriate from time to timed 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 ordinances adopted in accord therewith. 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 report to the council covering the entire financial operations of the city for the past year. Sueb report, or summary thereof, shall be published in the official city newspaper on or before April lOth of each 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 obligations 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 following the making of an annual tax levy, the council may.issue certificates of indebtedness in anticipation of the collection of taxes levied for any fund and not yet collected. The total amount of certificates issued against any fund for any year with interest thereon until maturity shall not exceed ninety percent of the total current taxes for the fund uncollected at the time of issuance, Such certificates shall be issued on such terms and conditions as the council may determine and shall bear interest at no more than the lawful rate, but they shall become due and payable not latex 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 shall be irrevocably pledged for the redemption of the certificates in the order of their issuance against the funds Section 7.15. EMERGENCY DEBT CERTIFICATES. If in arq year the receipts from taxes or other sources should from some unfore- seen cause become insufficient for the ordinary expenses of the city, or if any calam- ity or other public emergency should subject the city to the necessity of making extra- ordinary expenditures, the council may by ordinance issue and sell on such terms and in such manner as the council determines emergency debt certificates to run not to exceed two years and to bear interest not to exceed the maximum limit provided by law. PUBLIC TF+iPROVEMENTS AND SPECIAL, ASSESSMENTS Section 8.01. PMM TO H OVMNTS A14D IEVY ASSESSMENTS, The city shall. have the power to maka any and every t3Ype 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 improvements as are of local character. The amounts assessed to benefited property ;o pay for such local improvements may equal the cost of the improvements,, including all coats and expenses connected therewith, writh interest, until paid, but in no case shall exceed the benefits to the property. Section 8.02. ASSESSMENTS FOR SERVICES. The council may provide by ordinance that the cost of any service to streets, sidewwalks, or :other public property, cr the costa of any services to other property undertaken'by the city ray be assessed against the property benefited and coLUcted in like manner as are special assessments. Section 8.03. LOCAL IMPROVEMENTS. After this charter takes effect, all Local improvements commenced prior thereto shall be completed and assessmnnts may be levied and securities may be issued for the financing thereof as prescribed by the law applicable 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 laur 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 therefor as prescribed by any applicable law. Section 8..04. PUBLIC WORKS. - HST M- RFO-RMD. Public wrks9 including all local improvements.,may be constructed, extended, repaired, and maintained either by day labor or by contracts 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 governing public works. Section 7.16, BONDS OUTSIDE THE DEBT LIKIT. ® council may issue bonds .for legal purposes outside of the debt limit as prov ded by laws CIDTTER 9 EMINENT DTIJAIN Section 9.01. POM TO ACQUIRE PROPERTY. The city is hereby impowered to acquire by purchase, gift, devise, or condem- nation,, any property, or parts of 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 waters gas, heat, and power may be acquired by gift, devisee 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 determined by the council and shall be declared by a resolution which shall describe 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 domain according to the laws of this state, except as otherwise provided in this charter. Any condemnation proceeding in progress when this charter takes effect shall be continued 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 expired, the city shall„ within sixty days of ,such final determination,, pair 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.O4. CITY MAY ABANDON PROCEEDINGS. The city may, by resolution of the council at any stage of the condemnation proceedings, or at any time within thirty days after final determination thereof, abandon such proceedings as to all or any part of the property sought to be acquired and shall pay all reasonable costs and expenses thereof, including fees of counselo Section 9,05. CITY MAY TAKE ENTIRE PLANTo .If the city condemns a public utility which is operated at the time of the commencement of the condemnation proceedings as one property, or one system, it shall not be necessary in the condemnation proceedings or any of the proceedings of the council, to describe or treat separately the different kinds of property composing such system; but all the property, lands, articles, franchises, and rights which comprise such system, 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 prevent 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 interesto CHAPTER 10 FRANCHISES A10 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 ins over, upon or under any street, highway or public place for the purpose of operating a public utility or for any other purpose, without a franchise therefor from the city, Section 10.02. FRANCHISE ORDINATICE;, A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. A franchise shall be without any validity whatever until it has been unconditionally accepted in all its terms and'f il+ed with the city clerk, Section 10.03. TERM. No exclusive or perpetual franchise shall ever be granted. No franchise for a term exceeding twenty years shall be effective until approved by a majority of the electors voting thereon, Section 10.04. . PUBLIC HMINGo Before any franchise ordinance is adopted or any rates, fares, or prices to be charged by a public utility are f ixed by.the council, the council shall hold a public hearing on the matter. Notice of such hearing shall be published at least once in the official newspaper not less than ten days prior to the date of the hearing. Additional notice of such public hearing may be given in such a manner as the council may determine. Section 1O,05. COST OF PUBLICATION OF FRANCHISE. The grantee shall bear the cost of publication of the franchise ordinance and shall deposit sufficient cash to guarantee the publication before the ordinance is passed. Section ZOo06o POINER OF REGULATIONRESERVED® Subject to any applicable law the council may by ordinance reasonably regulate and control the exercise of any franchise, including maximum rates, f area or prices to be charged by the grantee. No franchise value shall be included in the valuation of the grantee's property in regulating utility rates, fares, or prices under any applicable law, ordinance, or regulation or in proceedings for municipal acquisition of the granteeas property by purohaae or eminent domain. Franchise rights shall always be subject to the superior rights of the public to the use of streets and public places„ Section 10.07. RENEWALS M EXTENSIONS OF FRANCITISES, Every extension., renewal or modification of any existing franchise or of any franchise granted hereafter shall be subject to the oame limitations and shall be granted in the same manner as a new franchise, CHAPTER 11 PUBLIC 011MRSHIP AND OPERATION OF UTILITIES Section 11,01. ACQUISITION AND OPERATION OF UTILITIES, The city may own and operate any gas, vmter, heat, power, light, telephone or other public utility for supplying its own needs for utility service or for supplying utility service to private consumers or both. It may construct all facilities reasonably needed for that purpose and may acquire a any existing utility properties so needed; but no proceedings to acquire any such public utility shall be con— summated unless the city has the money in the treasury to pay for acquisition or has made provision for paying for the property proposed to be acquired. 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 m`a.maper 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 council, the council shall hold a public hearing on the matter in accordance with Section 11.04. The council shall prescribes the time and the manner in .which payments for all such services shall be made and may make such other regulations as may be necessary., and proscribe penalties for violations of such regulation. Section 11,03. PURCHASE IN BULK. The council may, in lieu of providing for the local production of gas, olectri- city, water, and other utilities, purchase the same in balk and recall them to local consumers at such rates as it may fix, Section 3.1,04, NOTICE OF HEARINGS* Notice of hearings skull be published at least once in the official newspaper not less than ten days prior to the date of hearing. Additional notice of such public hearing may be given in such manner as the council may determine. Section 1.1,05. LEASE OF PINT, The council may, if the public interests will be served thereby., contract with any responsible person, copartnership, or corporation, for the operation of any utility owned by the city, upon such rentals and conditions as it may deem necessary; but such contract shall be embodied in and let only by an ordinance approved by f ive--sevenths vote of the council and subject to popular referendum, Such or'dinauce shall not be an emergency ordinance. In no case shall such contract be for a longer term than ten years, Section 11.06. PUBLIC UTILITY, HOW SOLD, No public utility mmod by the city shall be sold or otherwise disposed of by the city unlaas the full term, of the proponi.tion of sale or other disposition are em- badied In are ordinawe approved by a majority of the e'lootors voting 'thereon at a general or special election . In the case of a water works or light plant, any. - ealis, loase., or abandonmont shall be subject, in addition., to tho requirements 'of atate statates, CIHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12.01. OFFICIAL PUBLICATIONS. The council shall annually designate a legal newspaper of general circulation in the city as itae official newspaper in which shall be published ordinances and other matters required by law to be so published as well as such other matters as the council may deem in the public interest to have published in this manner. Section 12,02. OATH OF OFFICE, Every officer of the city shall, before entering upon the duties of his office,, take and subscribe an oath of office in the following manners "I solemnly smear (or affirm) that I Will support the constitution and will obey the lags 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 faithfully discharge the duties of the office of , to the best of my judg- ment and ability." Section 12,03. CITY OFFICERS NOT TO ACCEPT FAVORS CR CONTRACTS. No member of the city council or employee of the city shall solicit or receive any pay, commission, money, thing of value, orcbrive any profit, directly or in- directly, from or by reason 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 compensation, in- cluding authorized expenditures., or salary as such member of the city council or as such employee. No member of the city council or employee of the city shall solicit,, accept or receive, directly or indirectly, from any public utility corporation or the owner of any public utility or franchise, any pass, frank, free ticket, free service, or any other favor, upon terms more favorable than those granted to the public gener- ally,, A violation of any of the provisions of this section shall disqualify the Offender., if found guilty, from continuing in office or in the employment of the city9 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 interested 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 recovered from any or all of the persons interested therein by joint or several actions Section 12.o4. OFFICIAL BONDS, The city manager, the city clerk, the city treasurer, and such other officers or employees of the city as may be provided for by ordiname shall each, before entering upon the duties of his respective office or employment, give a corporate surety bond to the city in such form and in such amount as may be fixed by the council as security for the faithful performance of his official duties and the safekeeping of the public funds. Such bonds may be either individual or blanket bonds in the discretion of the council, xhey shall be approved by the city council and approved 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 inconsistent with this charter shall be complied With, The premiums 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 possible to retire any outstanding indebtedness incurred, by the city in the purchase, construction., or improvement of this or other property used for the same public purpose. If there is no outstanding indebtedness, the council may by ordinance or resolution designate some other public use for the proceeds. Section 12.06. VACATION OF STRMITS, The council may by ordinance, approved by at least five members of the ooancil., vacate any street or alley or part thereof within the city. Such vacation may be made only after published notice and an opportunity f or affected. property owners and public to be heard, and upon such further terms and by such procedure as the council by ordinance may prescribe, 'A notice of completion of such proceedings shall be filed in accordance with law, Section 12,07, CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF THE FORIGM 0NICIPALITY. The`City of Crystal shall remain vested with and continue to have, hold, and enjoy all property, property rights, rights of action, and rights of every kind., privileges and immunities now belonging to or pertaining to the Village of Crystal,, and shall be subject to all liabilities Which exist against the said Village on the effective date of this chartero Section 12,06, PRESENT ELECTED OFFICERS TO HOLD OFFICE. TILL 3bT'sIEN, The present elected officers of the city shall continue in their respective offices and functions, and shall continue 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 government until a government has been set up under this charter, and they shall make provision for the election of the first city council as provided for in this charter, Section 12,09, STATUTES NOT AFFECTED BY CHARTERo All general laws and statutes of the State applicable to all cities operating under home rule charters, or applicable to cities of the same class as the City of Crystal operating under home rule charters, and not inconsistent with the provisions of this charter, shall apply to the City of Crystal, and shall be oonstrued as supplementary to the provisions of,this charter, Section 12o10. EXISTING ORDINANCES CONTINUED. All ordinances and regulations of the municipality in force -when this charter takes effect, and not inconsistent with the provisions thereof,, are hereby continued in full force and effect until amended or repealed, Section 12.11. FIDES AND PENALTIES. All fines, forfeitures, and penalties recovered for the violation of any ordinance shall be paid into the city treasury, Every court or officer receiving such moneys., within 30 days thereafter, shall make return thereof under oath and be entitled to duplicate receipts for the amounts paid. Cme of the receipts shall be filed with the city clerk,