HF 3904

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to statutory cities; providing for discharge of a charter commission;
providing for compensation of charter commissions; authorizing charter
amendments by ordinance; providing for water and sewer charges; amending
Minnesota Statutes 2006, sections 410.05, subdivision 5; 410.06; 410.12,
subdivision 7; 444.075, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 410.05, subdivision 5, is amended to read:

Subd. 5.

Discharge.

new text begin (a) A charter commission in a statutory city may be discharged
as follows:
new text end

new text begin (1) new text end If the charter commission of a statutory city determines that a charter is not
necessary or desirable, the commission may be discharged by a vote of three-fourths
of its members.

new text begin (2) If a petition signed by registered voters equal in number to at least five percent
of the registered voters in the city requesting a referendum to discharge the charter
commission is filed with the city clerk, an election must be held on the issue at a general
election or a special election pursuant to section 205.10. If a majority of the votes cast
support the referendum, the charter commission shall be discharged.
new text end

new text begin (b) new text end Another commission may not be formed sooner than one year from the date of
discharge.

Sec. 2.

Minnesota Statutes 2006, section 410.06, is amended to read:

410.06 COMPENSATION; EXPENSES.

The members of such commission shall receive no compensation, but the
commission may employ an attorney and other personnel to assist in framing such charter,
and any amendment or revision thereof, and the reasonable compensation and the cost
of printing such charter, or any amendment or revision thereof, when so directed by the
commission, shall be paid by such city. The amount of reasonable and necessary charter
commission expenses that shall be so paid by the city shall not exceed in any one year
the sum of $10,000 for a first class city and deleted text begin $1,500 deleted text end new text begin $5,000 new text end for any other city; but the
council may authorize such additional charter commission expenses as it deems necessary.
Other statutory and charter provisions requiring budgeting of, or limiting, expenditures
do not apply to charter commission expenses. The council may levy a tax in excess of
charter tax limitations to pay such expenses.

Sec. 3.

Minnesota Statutes 2006, section 410.12, subdivision 7, is amended to read:

Subd. 7.

Amendment by ordinance.

Upon recommendation of the charter
commission the city council may enact a charter amendment by ordinance. Within one
month of receiving a recommendation to amend the charter by ordinance, the city must
publish notice of a public hearing on the proposal and the notice must contain the text
of the proposed amendment. The city council must hold the public hearing on the
proposed charter amendment at least two weeks but not more than one month after the
notice is published. Within one month of the public hearing, the city council must vote
on the proposed charter amendment ordinance. The ordinance is enacted if it receives an
affirmative vote of all members of the city council and is approved by the mayor and
published as in the case of other ordinances. An ordinance amending a city charter shall
not become effective until 90 days after passage and publication or at such later date
as is fixed in the ordinance. Within 60 days after passage and publication of such an
ordinance, a petition requesting a referendum on the ordinance may be filed with the
city clerk. deleted text begin Such deleted text end new text begin The new text end petition deleted text begin shall deleted text end new text begin must new text end be signed by deleted text begin qualified deleted text end new text begin registered new text end voters equal in
number to deleted text begin two percent of the total number of votes cast in the city at the last state general
election deleted text end new text begin at least five percent of the registered voters in the city new text end or 2,000, whichever is less.
deleted text begin If the city has a system of permanent registration of voters, only registered voters are
eligible to sign the petition. deleted text end If the requisite petition is filed within the prescribed period,
the ordinance shall not become effective until it is approved by the voters as in the case
of charter amendments submitted by the charter commission, the council, or by petition
of the voters, except that the council may submit the ordinance at any general or special
election held at least 60 days after submission of the petition, or it may reconsider its
action in adopting the ordinance. As far as practicable the requirements of subdivisions 1
to 3 apply to petitions submitted under this section, to an ordinance amending a charter,
and to the filing of such ordinance when approved by the voters.

Sec. 4.

Minnesota Statutes 2006, section 444.075, subdivision 3, is amended to read:

Subd. 3.

Charges; net revenues.

(a) To pay for the construction, reconstruction,
repair, enlargement, improvement, or other obtainment, the maintenance, operation and
use of the facilities, and of obtaining and complying with permits required by law, the
governing body of a municipality or county may impose just and equitable charges for
the use and for the availability of the facilities and for connections with them and make
contracts for the charges as provided in this section. The charges may be imposed with
respect to facilities made available by agreement with other municipalities, counties
or private corporations or individuals, as well as those owned and operated by the
municipality or county itself.

(b) new text begin Notwithstanding local charter restrictions, new text end charges made for service rendered
shall be as nearly as possible proportionate to the cost of furnishing the service.