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Posted on: April 19, 2021

Notice of Public Hearing: City Council to Consider Proposed Amendment to the Fridley City Charter

Public Hearing Notice Before the City Council on Proposed Amendment to Fridley City Charter

Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Civic Campus, 7071 University Avenue NE, Fridley, Minnesota, on Monday, May 10, 2021 at 7:00 p.m. for the purpose of conducting a public hearing on the following amendment to the City Charter:

Ordinance No. 1386

Amending the Fridley City Charter Entitled Miscellaneous Provisions

The Fridley City Charter Commission has completed its review of Fridley City Charter Chapter 12 and has recommended an amendment of the City Charter by Ordinance to the City Council on April 16, 2021. The Fridley City Council hereby finds after review, examination and recommendation of the Charter Commission that the Fridley City Charter should be hereby amended and the City of Fridley does ordain:

FRIDLEY CITY CHARTER

CHAPTER 12.  MISCELLANEOUS PROVISIONS

Section 12.01.  OFFICIAL PUBLICATIONS

The City Council shall regulate by ordinance, subject to the requirements of this Charter, the manner in which official publicity shall be given to the holding of elections, ordinances, resolutions, requests for bids upon contemplated purchases and contracts, and all other matters whatsoever which require publication either by the provisions of this Charter or by the laws of Minnesota.   It shall annually designate a legal newspaper of general circulation in the City as the official newspaper in which shall be published such measures and matters as are by the laws of this State and this Charter required to be so published, and such other matters as the City Council may deem it advisable and in the public interest to have published in this manner.

At its discretion, the City Council may also provide for the publication of important Ccity information including but not limited to the annual budget, ordinances, and resolutions.  Such publication may be done by mailing or posting of printed copies thereof upon bulletin boards located in public places of the City in such number and for such period of time as the City Council may direct in each case. In addition to publication by mailing or posting required above, such notices shall also be posted on the City website. In addition, the City Council may use electronic means for publication.  Nothing herein contained shall be construed as authorizing or attempting to authorize any violation of the Constitution or the Statutes of the State in any matter which is of State concern or which is exclusively under State control. (Ref Ord 1310)

Section 12.02.  PUBLICITY OF RECORDS

All records and accounts of every office, department or agency of the City shall be open to inspection in accordance with the Minnesota Government Data Practices Act.

Section 12.03.  OATH OF OFFICE

Every officer of the City shall, before entering upon the duties of the office, take and subscribe an oath of office in substantially the following form: “I, [Name], do solemnly swear to support the Constitution of the United States, the Constitution of the State of Minnesota, the Fridley City Charter and City Code; and to discharge faithfully the duties entrusted upon me as [Official Title] of the City of Fridley to the best of my judgement and ability.  "I do solemnly swear (or affirm) to support the Constitution of the United States and of the State of Minnesota and to discharge faithfully the duties devolving upon me as (Mayor, or Councilmember, or City Manager, etc.) of this City to the best of my judgement and ability."   (Ref. Ord. 857)

Section 12.04.  CITY OFFICERS NOT TO ACCEPT FAVORS OR CONTRACTS

With the exception of lawful compensation, including 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:      

1.         Ssolicit or receive from any interested person any:

  • pay;
  • commission;
  • money; or
  • thing of value included but not limited to:
    1. any pass;
    2. frank;
    3. free ticket;
    4. free service; or
    5. or any other favor upon terms more favorable than those granted the general public.

2.         Dderive any profit, directly or indirectly, from or by reason of:

  • any improvement;
  • alteration or repair required by authority of the City; or
  • or any contract to which the City shall be a party.

No member of the City Council or employee of the City, except as otherwise provided in this Charter, or by law, shall solicit, accept or receive, directly or indirectly, from any public utility corporation or the owner of any public utility or franchise:

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 City, and the offender shall be removed therefrom.  A violation of any of the provisions of this Section may subject the offender to disciplinary procedures pursuant to all applicable laws, rules, and regulations, up to and including termination from employment with the City.  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 City 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 action.  (Ref. Ord. 857)

Section 12.05.  OFFICIAL BONDS

The offices of City Manager, the City Clerk and City Treasurer and such other officers or employees of the City, as may be provided for by ordinance, shall each, before entering upon the duties of their respective offices or employment, give a corporate surety bond to the City in such form and in such amount as may be fixed by the City Council as security for the faithful performance of their respective official duties and the safekeeping of the public funds.   Such bonds shall be approved by the City Council and approved as to form by the City Attorney.   They shall be filed with the Secretary of the Council.  In the event the Secretary of the Council holds more than one (1) office by appointment, the Secretary's bond or bonds shall be filed with the Mayor.  The provisions of the laws of the State relating to official bonds, not inconsistent with this Charter, shall be complied with.  The premiums on the corporate surety bonds hereinbefore provided for shall be paid by the City. 

A copy of the list and amount of the bonds for each office as outlined above, shall be provided to the City Council on an annual basis for reference purposes. (Ref. Ord. 857)

Section 12.06.  SALES OF REAL PROPERTY

No real property of the City shall be sold or disposed of except by ordinance resolution presented at two City Council meetings with at least seven days between the meetings with at least one reading as a principal item of business. No real property of the City shall be sold or disposed of except after conducting a public hearing on such sale.  The City shall provide notice in the Official Publication ten days before conducting a public hearing. The proceeds of any such sale 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; but if there be no such outstanding indebtedness, then the City Council may by a resolution adopted by an affirmative vote of at least four (4) members of the City Council designate some other public use for such proceeds.

Section 12.07.  VACATION OF STREETS

The Council shall have the exclusive power, by resolution passed by a vote of at least four (4) members of the Council, to vacate or discontinue highways, streets, easements, and alleys within the City.   Such vacations may be made only after notice and hearing of affected property owners, and upon such further terms and by such procedure as the Council may by ordinance prescribe.  A record of each such vacation shall be filed in the office of the Anoka County Recorder. (Ref. Ord. 592, Ord. 1090)

The City Council shall have the exclusive power to vacate or discontinue highways, streets, easements, alleys, and all other interests held in trust for the public, in accordance with the procedures outlined in State law, except that all vacations thereunder shall require an affirmative vote of four-fifths of all members of the City Council.

Section 12.08.  DAMAGE SUITS

1.         No action shall be maintained against the City on account of any injuries or damages to persons or property, unless such action shall be commenced within one (1) year from the occurrence of such injury or damage, nor unless notice shall have been given in writing as required by Minnesota Statutes.  (Ref. Ord. 873)

2.         No action shall be maintained against the City on account of injuries or damages to persons or property resulting from or caused by any accumulation or deposit of ice or snow on any public street, sidewalk, building, or place.

Section 12.09.  RECOVERY OF JUDGEMENT FOR DAMAGES

If any judgement shall be recovered in any action against the City for any injury or damage caused by any obstruction, excavation, opening or defect in any street or alley or public ground caused or occasioned by the act or omission of any person or corporation, the City shall have the right to recover the amount of any such judgement from the person or corporation so responsible for such obstruction, excavation, opening or defect; and such person or corporation is hereby declared to be liable to the City in the amount of such damages, provided, however, the City shall give such person or corporation notice of any claim for such injury or damage and of any action to recover for the same and shall give such person or corporation the right and reasonable opportunity to defend such action.

Section 12.1008.  CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF FORMER MUNICIPALITY

The City of Fridley 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 Fridley., and The City shall be subject to all liabilities which exist against said Village on the effective date of this Charter.

Section 12.1109.  APPLICATION OF GENERAL LAWS

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 Fridley operating under home rule Charters, and not inconsistent with the provisions of this Charter, shall apply to the City of Fridley and shall be construed as supplementary to the provisions of this Charter.  The City shall have all powers and authority granted by the laws of the State to municipalities to acquire property or exercise authority or powers beyond the corporate limits.  All powers by this Section conferred shall be exercised conformably to this Charter so far as may be possible, and such authority and power shall not authorize the City to incur any bonded debt beyond the limitations, or in any other manner than authorized by this Charter.

Nothing herein contained shall be construed as authorizing or attempting to authorize any violation of the Constitution or the Statutes of the State in any matter which is of State concern or which is exclusively under State control. 

Section 12.1210.  EXISTING ORDINANCES, REGULATIONS, BOARDS AND COMMISSIONS CONTINUED

All ordinances, regulations, boards and commissions of the municipality in force and existing when this Charter takes effect, and not inconsistent with the provisions hereof, are hereby continued in full force and effect until amended, repealed, vacated or abolished.

Section 12.1311.  PENDING CONDEMNATIONS AND ASSESSMENTS

Any proceeding for condemnation for public improvement or assessment in progress when this Charter takes effect shall be continued and completed under the laws under which such proceedings were begun.   All assessments made by the Village prior to the time when this Charter takes effect shall be collected and the lien thereof enforced in the same manner as if this Charter had not been adopted.

Passed and adopted by the City Council of the City of Fridley on this [X] day of [Month], [Year]. 

______________________________________

Scott J. Lund - Mayor

______________________________________                      

Daniel Tienter - City Clerk

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