2006 Minnesota Statutes

CHAPTER 410. CLASSIFICATION; CHARTERS

410.01 CITIES, CLASSES.
Cities are hereby divided, for legislative purposes, into classes as follows:
First class -- Those having more than 100,000 inhabitants provided that once a city is defined
to be of the first class, it shall not be reclassified unless its population decreases by 25 percent
from the census figures which last qualified the city for inclusion in the class;
Second class -- Those having more than 20,000 and not more than 100,000 inhabitants;
Third class -- Those having more than 10,000 and not more than 20,000 inhabitants, and
Fourth class -- Those having not more than 10,000 inhabitants.
Changes in classification resulting from any future national census shall take effect upon the
filing of certified copies of the census in the office of the secretary of state as provided in section
600.18. Meanwhile the council or other governing body shall take measures for the election of
proper officials and for dividing the city into wards, if necessary, and otherwise prepare for
the coming change.
History: (1265) RL s 746; 1951 c 348 s 1; 1959 c 510 s 1; 1978 c 489 s 1

410.015 DEFINITIONS RELATING TO CITIES.
The term "statutory city" means any city which has not adopted a home rule charter pursuant
to the Constitution and laws; the words "home rule charter city" mean any city which has adopted
such a charter. In any law adopted after July 1, 1976, the word "city" when used without further
description extending the application of the term to home rule charter cities means statutory
cities only.
History: 1976 c 44 s 19; 1976 c 155 s 3

410.02 [Repealed, 1949 c 114 s 1]

410.03 EXISTING CHARTERS PRESERVED.
Until otherwise provided in accordance with this chapter, all cities existing at the time
of the taking effect of the Revised Laws 1905 shall continue to be governed by the laws then
applicable thereto.
History: (1267) RL s 747

410.04 HOME RULE CHARTERS; PATROL LIMITS.
Any city in the state may frame a city charter for its own government in the manner
hereinafter prescribed; provided, that in such cities having patrol limits established by charter,
such limits shall not be altered unless the charter proposing such alteration be adopted by a
three-fourths majority.
History: (1268) RL s 748; 1907 c 375 s 1; 1973 c 123 art 5 s 7

410.05 CHARTER COMMISSION.
    Subdivision 1. Appointment. When the district court of the judicial district in which a city
is situated, deems it for the best interest of the city so to do, the court, acting through its chief
judge, may appoint a charter commission to frame and amend a charter. Upon presentation of a
petition requesting such action, signed by at least ten percent of the number of voters of the city,
as shown by the returns of the last regular city election, or upon resolution of the governing body
of the city requesting such action, the court shall appoint a charter commission. The commission
shall be composed of not less than seven nor more than 15 members, each of whom shall be a
qualified voter of the city. The size of the commission shall be determined within the above limits
by the court, except that where the commission is appointed pursuant to a petition of the voters or
resolution of the governing body of the city, the size of the commission shall be as specified in such
petition or resolution. Any city may by charter provision fix the size of the charter commission at
a figure which shall not be less than seven nor more than 15 members, and such charter provision
shall prevail over any inconsistent provisions of this subdivision. Except as otherwise provided in
the charter, no person shall be disqualified from serving on a charter commission by reason of
holding any other elective or appointive office other than judicial. The charter may provide that
members of the governing body of the city cannot serve on the charter commission.
    Subd. 2. Commission members; terms, vacancies. Charter commission members shall hold
office for the term of four years, and until their successors are appointed and qualify, except that
of members initially appointed after July 1, 1967, eight shall be appointed for two year terms and
seven for four year terms. Vacancies in the commission shall be filled by appointment of the chief
judge for the unexpired terms. Upon the expiration of each term, the chief judge shall appoint new
commission members. If the chief judge fails to appoint new commission members within 30 days
then thereafter the governing body of the city shall, appoint new commission members, unless
within the 30 day period the chief judge indicates in writing to the governing body an intention to
appoint new members, in which case the chief judge shall have an additional 60 days within which
to make the appointment. Appointments shall be made by order filed with the court administrator
of the district court. An appointee who neglects to file with the court administrator within 30 days
a written acceptance and oath of office shall be deemed to have declined the appointment and the
place shall be filled as though the appointee had resigned. The charter commission, within 30 days
after the initial appointment of the commission, shall make rules, including quorum requirements,
with reference to its operations and procedures. The commission shall submit to the chief judge of
the district court, on or before December 31 of each year, an annual report outlining its activities
and accomplishments for the preceding calendar year. The commission shall forward a copy of
the report to the clerk of the city. Any member may be removed at any time from office, by
written order of the district court, the reason for such removal being stated in the order. When
any member has failed to perform the duties of office and has failed to attend four consecutive
meetings without being excused by the commission, the secretary of the charter commission shall
file a certificate with the court setting forth those facts and the district court shall thereupon make
its order of removal and the chief judge shall fill the vacancy created thereby.
    Subd. 3. Commission appointments; nominees. A city council, a charter commission, or
the petitioners requesting the appointment of a charter commission may submit to the court
the names of eligible nominees which the district court may consider in making appointments
to the charter commission.
    Subd. 4. Commission meetings. The charter commission shall meet at least once during
each calendar year, and upon presentation of a petition signed by at least ten percent of the
number of voters of the municipality, as shown by the returns of the last annual municipal
election, or upon resolution approved by a majority of the governing body of the city requesting
the commission to convene, the commission shall meet to consider the proposals set forth in
such petition or resolution.
    Subd. 5. Discharge. 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. Another commission may not be formed sooner than one year from the date of
discharge.
History: (1269) RL s 749; 1909 c 423; 1913 c 535 s 1; 1949 c 210 s 1; 1959 c 305 s 5; 1961
c 608 s 1; Ex1967 c 33 s 1; 1971 c 208 s 1-3; 1973 c 123 art 5 s 7; 1976 c 44 s 20; 1979 c 330 s 3;
1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 51 s 1; 2004 c 197 s 1,2

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 $1,500 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.
History: (1270) RL s 750; 1907 c 216 s 1; 1947 c 406 s 1; 1959 c 305 s 5; 1961 c 608 s
2; 1973 c 123 art 5 s 7; 1994 c 505 art 3 s 8

410.07 DETERMINATION OF DESIRABILITY; FRAMING CHARTER.
As soon as practicable after such appointment, the charter commission shall deliver to
the clerk of the city either (1) its report determining that a home rule charter for the city is not
necessary or desirable, or (2) the draft of a proposed charter, in either case signed by at least
a majority of its members. Such draft shall fix the corporate name and the boundaries of the
proposed city, and provide for a mayor, and for a council to be elected by the people. Subject to
the limitations in this chapter provided, it may provide for any scheme of municipal government
not inconsistent with the constitution, and may provide for the establishment and administration
of all departments of a city government, and for the regulation of all local municipal functions,
as fully as the legislature might have done before home rule charters for cities were authorized
by constitutional amendment in 1896. It may omit provisions in reference to any department
contained in special or general laws then operative in the city, and provide that such special
or general laws, or such parts thereof as are specified, shall continue and be in force therein,
including any such special or general law authorizing the city to incur indebtedness or issue its
bonds for municipal purposes. It may prescribe methods of procedure in respect to the operation
of the government thereby created, and the duties thereunder of all courts and officers of the
district and county in which the city is situated, which duties such courts and officers shall
perform. By such charter the city may be authorized to acquire, by gift, devise, purchase, or
condemnation, any property, within or without its boundaries, needed for the full discharge of any
public function which it is permitted to exercise.
History: (1271) RL s 751; 1921 c 120; 1921 c 343; 1959 c 305 s 1; 1961 c 608 s 3; 1971 c
71 s 4; 1973 c 123 art 5 s 7

410.08 [Repealed, 1953 c 278 s 1]

410.09 REGULATION OF FRANCHISES.
Such proposed charter may provide for regulating and controlling the exercise of privileges
and franchises in or upon the streets and other public places of the city, whether granted by the
city, by the legislature, or by any other authority; but no perpetual franchise or privilege shall
ever be created, nor shall any exclusive franchise or privilege be granted, unless the proposed
grant be first submitted to the voters of the city, and be approved by a majority of those voting
thereon, nor in such case for a period of more than 25 years.
History: (1283) RL s 753; 1973 c 123 art 5 s 7

410.10 CHARTER ELECTION.
    Subdivision 1. Timing; procedure; recall. Upon delivery of such draft, the council or other
governing body of the city shall cause the proposed charter to be submitted at the next general
election thereafter occurring in the city within six months after the delivery of such draft, and
if there is no general city election occurring in the city within six months after the delivery of
such draft, then the council or other governing body of the city shall cause the proposed charter to
be submitted at a special election to be held within 90 days after the delivery of such draft. The
council or other governing body may call a special election for that purpose only at any time.
If the election is held at the same time with the general election, the voting places and election
officers shall be the same for both elections. At any time before the council has fixed the date of
the election upon the proposed charter, the charter commission may recall it for further action;
and the council may authorize recall of the charter by the commission at any later date prior to
the first publication of the proposed charter.
    Subd. 2. Election notice; publication. The notice of election shall contain the complete
charter and shall be published once a week for two successive weeks in the official newspaper
of the city, or if there be none, in a legal newspaper of general circulation in the city. In every
city of the first class, the publication shall be made in a newspaper having an aggregate regular
paid circulation of at least 25,000 copies. The governing body may in addition thereto publish
the notice in any other legal newspaper published in the city.
    Subd. 3. Ballot words, form. The ballot shall bear the printed words, "Shall the proposed
new charter be adopted? Yes.... No....," with a square after each of the last two words, in which
the voter may place a cross to express a choice. If any part of such charter be submitted in the
alternative, the ballot shall be so printed as to permit the voter to indicate a preference in any
instance by inserting a cross in like manner.
    Subd. 4. Rejection; later proposals. If any charter so submitted be rejected the charter
commission may propose others from time to time until one is adopted.
History: (1284) RL s 754; 1909 c 214 s 1; 1959 c 305 s 5; 1961 c 608 s 4; 1973 c 123
art 5 s 7; 1986 c 444

410.11 ADOPTION; NOTICE, EFFECTIVE DATE.
If 51 percent of the votes cast on the proposition are in favor of the proposed charter, it shall
be considered adopted; and, if any provisions thereof are submitted in the alternative, those
ratified by a majority of the votes cast thereon shall prevail. If the charter is adopted, the city clerk
shall file with the secretary of state and in the city clerk's office a copy of the charter accompanied
by a certificate attesting to the accuracy of the copy and giving the date of the election and the
vote by which the charter was adopted and record a certified copy with the county recorder of
the county in which the city lies. The charter shall take effect 30 days after the election, or at
such other time as is fixed in the charter, and shall then supersede all other charter provisions
relating to such city. Thereupon the courts shall take judicial notice of the new charter and, upon
the election of officers thereunder, the officials of the former corporation shall deliver to them
the records, money and other public property in their control.
History: (1285) RL s 755; 1959 c 305 s 2; 1969 c 1027 s 1; 1973 c 123 art 5 s 7; 1976 c
181 s 2; 1986 c 444; 2005 c 4 s 104

410.12 AMENDMENTS.
    Subdivision 1. Proposals. The charter commission may propose amendments to such
charter and shall do so upon the petition of voters equal in number to five percent of the total
votes cast at the last previous state general election in the city. Proposed charter amendments
must be submitted at least 12 weeks before the general election. Only registered voters are
eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be
uniform in character and shall have attached thereto the text of the proposed amendment in full;
except that in the case of a proposed amendment containing more than 1,000 words, a true and
correct copy of the same may be filed with the city clerk, and the petition shall then contain a
summary of not less than 50 nor more than 300 words setting forth in substance the nature of the
proposed amendment. Such summary shall contain a statement of the objects and purposes of the
amendment proposed and an outline of any proposed new scheme or frame work of government
and shall be sufficient to inform the signers of the petition as to what change in government is
sought to be accomplished by the amendment. The summary, together with a copy of the proposed
amendment, shall first be submitted to the charter commission for its approval as to form and
substance. The commission shall within ten days after such submission to it, return the same to
the proposers of the amendment with such modifications in statement as it may deem necessary in
order that the summary may fairly comply with the requirements above set forth.
    Subd. 1a. Alternative methods of charter amendment. A home rule charter may
be amended only by following one of the alternative methods of amendment provided in
subdivisions 1 to 7.
    Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but
to each separate petition there shall be attached an affidavit of the circulator thereof as provided
by this section. A petition must contain each petitioner's signature in ink or indelible pencil and
must indicate after the signature the place of residence by street and number, or other description
sufficient to identify the place. There shall appear on each petition the names and addresses of five
electors of the city, and on each paper the names and addresses of the same five electors, who, as a
committee of the petitioners, shall be regarded as responsible for the circulation and filing of the
petition. The affidavit attached to each petition shall be as follows:

		State of )
		)	ss.
		County of )

.............. ................. being duly sworn, deposes and says that the affiant, and the affiant
only, personally circulated the foregoing paper, that all the signatures appended thereto were
made in the affiant's presence, and that the affiant believes them to be the genuine signatures of
the persons whose names they purport to be.
Signed ............................
(Signature of Circulator)
Subscribed and sworn to before me
this ....... day of ...... .......
Notary Public (or other officer)
authorized to administer oaths
The foregoing affidavit shall be strictly construed and any affiant convicted of swearing
falsely as regards any particular thereof shall be punishable in accordance with existing law.
    Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment
shall be assembled and filed with the charter commission as one instrument. Within ten days after
such petition is transmitted to the city council, the city clerk shall determine whether each paper
of the petition is properly attested and whether the petition is signed by a sufficient number of
voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the
circulator thereof as required in this section. Upon completing an examination of the petition,
the city clerk shall certify the result of the examination to the council. If the city clerk shall
certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars
in which it is defective and shall at once notify the committee of the petitioners of the findings.
A petition may be amended at any time within ten days after the making of a certificate of
insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed
and filed as provided in case of an original petition. The city clerk shall within five days after
such amendment is filed, make examination of the amended petition, and if the certificate shall
show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and
notify the committee of the petitioners of the findings and no further action shall be had on such
insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a
new petition for the same purpose.
    Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or
special election and published as in the case of the original charter. The form of the ballot shall
be fixed by the governing body. The statement of the question on the ballot shall be sufficient
to identify the amendment clearly and to distinguish the question from every other question on
the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its
adoption, copies of the amendment and certificates shall be filed, as in the case of the original
charter and the amendment shall take effect in 30 days from the date of the election or at such
other time as is fixed in the amendment.
    Subd. 5. Amendments proposed by council. The council of any city having a home rule
charter may propose charter amendments to the voters by ordinance. Any ordinance proposing
such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the
charter commission shall review the proposed amendment but before the expiration of such period
the commission may extend the time for review for an additional 90 days by filing with the city
clerk its resolution determining that an additional time for review is needed. After reviewing the
proposed amendment, the charter commission shall approve or reject the proposed amendment or
suggest a substitute amendment. The commission shall promptly notify the council of the action
taken. On notification of the charter commission's action, the council may submit to the people,
in the same manner as provided in subdivision 4, the amendment originally proposed by it or
the substitute amendment proposed by the charter commission. The amendment shall become
effective only when approved by the voters as provided in subdivision 4. If so approved it shall be
filed in the same manner as other amendments. Nothing in this subdivision precludes the charter
commission from proposing charter amendments in the manner provided by subdivision 1.
    Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class
having a home rule charter may propose charter amendments by ordinance without submission to
the charter commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote
of all its members after a public hearing upon two weeks' published notice containing the text
of the proposed amendment and shall be approved by the mayor and published as in the case of
other ordinances. The council shall submit the proposed amendment to the people in the manner
provided in subdivision 4, but not sooner than three months after the passage of the ordinance.
The amendment becomes effective only when approved by the voters as provided in subdivision
4. If so approved, it shall be filed in the same manner as other amendments.
    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. Such petition shall
be signed by qualified voters equal in number to two percent of the total number of votes cast
in the city at the last state general election or 2,000, whichever is less. If the city has a system
of permanent registration of voters, only registered voters are eligible to sign the petition. 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.
History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1;
1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1-4; 1986 c
444; 1998 c 254 art 1 s 107; 1999 c 132 s 42; 2005 c 93 s 1

410.121 SALE OF INTOXICATING LIQUOR OR WINE; FAVORABLE VOTE.
If the charter which is to be amended or replaced contains provisions which prohibit the sale
of intoxicating liquor or wine in certain areas, such provisions shall not be amended or removed
unless 55 percent of the votes cast on the proposition shall be in favor thereof.
History: 1969 c 1027 s 2

410.13 [Repealed, 1959 c 305 s 6]

410.14 ALTERNATIVE PROPOSALS.
In submitting a charter or an amendment to the voters any alternative section or article
may be presented and voted on separately, without prejudice to other articles or sections of the
charter or any amendments thereto.
History: (1288) RL s 757

410.15 SUCCESSION; SUBSISTING RIGHTS.
The new city so organized shall be in all respects the legal successor of the former
corporation, and no charter so adopted, nor any amendment thereof, shall prejudice any subsisting
right, lien, or demand against the city superseded, or affect any pending action or proceeding
to enforce the same. All rights, penalties, and forfeitures accrued or accruing to such former
corporation, all property vested therein or held in trust therefor, all taxes and assessments levied in
its behalf, and all its privileges and immunities not inconsistent with the new charter, shall pass to
its successor. All ordinances, resolutions, and bylaws in force at the adoption of such new charter,
and not in conflict with its provisions, shall continue in force until duly altered or repealed.
History: (1289) RL s 758; 1973 c 123 art 5 s 7

410.16 FORMS OF GOVERNMENT INCORPORATED IN CHARTER.
The charter commission may incorporate as part of the proposed charter for any city the
commission, mayor-council, council-manager form of city government or any other form not
inconsistent with Constitution or statute, and may provide that all elective city officers, including
mayor and members of the council, shall be elected at large or otherwise.
History: (1290) 1909 c 170 s 1; 1959 c 305 s 5; 1961 c 608 s 7

410.17 [Repealed, 1973 c 503 s 6]

410.18 DISTRIBUTION OF ADMINISTRATIVE POWERS.
Such charter commission may also provide that the administrative powers, authority, and
duties in any such city shall be distributed into and among departments and may provide that
the council may determine the powers and duties to be performed by and assign them to the
appropriate department and determine who shall be the head of each department and prescribe
the powers and duties of all officers and employees thereof, and may assign particular officers
or employees to perform duties in two or more departments, and make such other rules and
regulations as may be necessary or proper for the efficient and economical conduct of the business
of the city.
History: (1292) 1909 c 170 s 3; 1959 c 305 s 5

410.19 POWERS OF MAYOR AND COUNCIL.
The charter commission may incorporate in such charter provisions defining the powers and
duties of the mayor and each member of the council, and may provide that each member of the
council shall perform such administrative duties as may be designated in such charter.
History: (1293) 1909 c 170 s 4; 1959 c 305 s 5

410.20 RECALL AND REMOVAL OF OFFICERS; ORDINANCES.
Such commission may also provide for the recall of any elective municipal officer and for
removal of the officer by vote of the electors of such city, and may also provide for submitting
ordinances to the council by petition of the electors of such city and for the repeal of ordinances in
like manner; and may also provide that no ordinance passed by the council, except an emergency
ordinance, shall take effect within a certain time after its passage, and that if, during such time, a
petition be made by a certain percentage of the electors of the city protesting against the passage
of such ordinance until the same be voted on at an election held for such purpose, and then such
ordinance to take effect or not as determined by such vote.
History: (1294) 1909 c 170 s 5; 1959 c 305 s 5; 1986 c 444

410.21 APPLICATION OF GENERAL ELECTION LAWS.
The provisions of any charter of any such city adopted pursuant to this chapter shall be
valid and shall control as to nominations, primary elections, and elections for municipal offices,
notwithstanding that such charter provisions may be inconsistent with any general law relating
thereto, and such general laws shall apply only in so far as consistent with such charter.
History: (1295) 1909 c 170 s 6

410.22 [Repealed, 1973 c 503 s 6]

410.23 [Repealed, 1959 c 305 s 6]

410.24 NEW OR REVISED CHARTER.
Any city having a home rule charter may submit and adopt a new or revised charter in the
manner provided by law for the original adoption of such home rule charter.
History: (1298) 1909 c 236 s 2; 1961 c 608 s 8

410.25 [Repealed, 1959 c 305 s 6]

410.26 [Repealed, 1961 c 608 s 10]

410.27 [Repealed, 1973 c 503 s 6]

410.30 CITY MAY REVERT TO STATUTORY CITY; PROCESS; TRANSITION.
Any city of any class having a home rule charter may abandon such charter and become a
statutory city. A proposal to abandon the charter shall be presented, adopted, and become effective
in the same manner as a charter amendment, and all statutory provisions relating to home rule
charter amendments shall apply to a proposal to abandon a charter. Such proposal shall include a
schedule containing all necessary provisions for transition to a statutory city form of government,
including such provisions with reference to terms of incumbent officers as are deemed appropriate
to place the municipality on the regular statutory city election schedule as soon as practicable.
The proposal may provide in effect for continuance of specified provisions of the home rule
charter for an interim period and shall specify the standard plan or the optional plan under which
the municipality is to operate as a statutory city.
History: 1965 c 561 s 1; 1973 c 123 art 5 s 7; 1973 c 503 s 5

410.31 [Repealed, 1973 c 503 s 6]

410.32 CITIES MAY ISSUE CAPITAL NOTES FOR CAPITAL EQUIPMENT.
(a) Notwithstanding any contrary provision of other law or charter, a home rule charter city
may, by resolution and without public referendum, issue capital notes subject to the city debt
limit to purchase capital equipment.
(b) For purposes of this section, "capital equipment" means:
(1) public safety equipment, ambulance and other medical equipment, road construction and
maintenance equipment, and other capital equipment; and
(2) computer hardware and software, whether bundled with machinery or equipment or
unbundled.
(c) The equipment or software must have an expected useful life at least as long as the term
of the notes. The authority to issue capital notes for software expires on July 1, 2007.
(d) The notes shall be payable in not more than ten years and be issued on terms and in the
manner the city determines. The total principal amount of the capital notes issued in a fiscal year
shall not exceed 0.03 percent of the market value of taxable property in the city for that year.
(e) A tax levy shall be made for the payment of the principal and interest on the notes, in
accordance with section 475.61, as in the case of bonds.
(f) Notes issued under this section shall require an affirmative vote of two-thirds of the
governing body of the city.
(g) Notwithstanding a contrary provision of other law or charter, a home rule charter city
may also issue capital notes subject to its debt limit in the manner and subject to the limitations
applicable to statutory cities pursuant to section 412.301.
History: 1983 c 361 s 1; 1988 c 702 s 2; 1988 c 719 art 5 s 84; 1989 c 1 s 4; 1990 c 612 s
15; 2003 c 127 art 12 s 15; 1Sp2003 c 21 art 10 s 11; 2005 c 152 art 1 s 8

410.325 TAX ANTICIPATION CERTIFICATES.
Notwithstanding a contrary provision of other law or charter, a home rule charter city may
issue tax anticipation certificates in the manner and subject to the limitations applicable to
statutory cities under section 412.261. The certificates may also be issued in anticipation of
federal and state aids, but the total amount of certificates issued against any fund for any year with
interest on them must not exceed any limits in the charter relating to the total of the anticipated
tax levy and the anticipated state aids for any fund not yet collected or received.
History: 1995 c 264 art 9 s 10

410.33 SAVINGS CLAUSE.
If a city charter is silent on a matter that is addressed for statutory cities by chapter 412 or
other general law and general law does not prohibit a city charter from addressing the matter or
expressly provide that a city charter prevails over general law on the matter, then the city may
apply the general law on the matter.
History: 1994 c 446 s 1