city ordinances – chapter 2

ADMINISTRATION AND GENERAL GOVERNMENT

SEC. 2.01. AUTHORITY AND PURPOSE

SEC. 2.01. AUTHORITY AND PURPOSE. Pursuant to authority granted by Statute, this Chapter of the City Code is enacted so as to set down for enforcement the government and good order of the City by and through the Council.

SEC. 2.02. COUNCIL MEETINGS - TIME AND PLACE

SEC. 2.02. COUNCIL MEETINGS – TIME AND PLACE. Regular meetings of the Council shall be held in the Council Chambers on the first and third Mondays of each month at 7:00 o’clock P.M. Special and adjourned meetings shall also be held in the Council Chambers. In the event that any regular meeting falls on a holiday, then the meeting shall be held on the next business day at the same time.

Source: City Code

Effective Date: 10-1-85

SEC. 2.03. SPECIAL MEETINGS

SEC. 2.03. SPECIAL MEETINGS. Special meetings of the Council may be called by the Mayor or by any two other members of the Council by writing filed with the Administrator stating the time, place and purpose of the meeting. Notice of a special meeting shall be given by the Administrator to each member of the Council by mailing a copy of such filing to all members who did not sign or issue the call at least three (3) days prior to the time stated therein, or by personal service at least seventy-two (72) hours prior to the projected time of meeting. Special meetings may be held without prior written notice to the Council when all Council members are present at the meeting or consent thereto in writing. Any such consent shall be filed with the Administrator prior to the beginning of the meeting. Any special meeting attended by all Council members shall be a valid meeting for the transaction of any business that may come before the meeting. Meetings of the Council which are adjourned from time-to-time shall not be subject to the foregoing notice requirements; nor shall special meetings which, in the judgment of the Council, require immediate consideration to meet an emergency require such notice, but may be called by telephone communication or any other expeditious means. Notice to the public and to news media shall be given as required by statute.

Source: Ordinance No. 7, Series IV

Effective Date: 9-9-94

 

SEC. 2.04. COUNCIL PROCEDURE AT REGULAR MEETINGS

SEC. 2.04. COUNCIL PROCEDURE AT REGULAR MEETINGS. The Administrator shall prepare the following items: (l) an agenda for the forthcoming meeting; (2) a report from the Administrator on administrative activities of the preceding month; (3) a compiled list of all claimants who have filed verified accounts claiming payment for goods or services rendered the City during the preceding month, such list to be called the “Claim Report” and bearing headings “Claimant”, “Purpose”, and “Amount”; (4) a copy of all minutes to be considered; and, (5) copies of such other proposals, communications, or other documents as the Administrator deems necessary or proper for advance consideration by the Council. The Administrator shall forthwith cause to be mailed or delivered to each member of the Council copies of all said documents. Roberts’ Rules of Order (Newly Revised) shall govern all Council meetings as to procedural matters not set forth in the City Code. The order of business at regular meetings shall be as follows:

1. Call to Order.

2. Roll Call.

3. Determination of Quorum.

4. Approval of Minutes. (Actual reading may be waived if each member of the Council was furnished with a copy thereof as hereinbefore set forth.)

5. Licenses and Permits.

6. Correspondence.

7. Meeting Opened in the Order Stated in the Agenda to Persons Requesting to Appear Before the Council. The presiding officer may advise any person appearing as to the amount of time allowed prior to his speaking, or later limit such time. Persons speaking shall give their name, address, and state their business.

8. Reports of Staff Members.

9. Reports From Boards and Commissions.

10. Reports of Councilmen.

11. Report From Mayor.

12. Meeting Opened to the Public. The presiding officer shall limit the time allowed. Persons speaking shall give their name, address, and state their business.

13. Old Business.

14. New Business.

15. Payment of Claims and Approval for Payment of Claims and Appropriations.

16. Adjournment.

Matters inappropriate for consideration at a meeting, or not in the order specified, shall not be considered except (1) with the unanimous consent of the members of the Council, or (2) scheduled public hearings or bid lettings at the time stated in the notice. All claims for payment must be filed at or before 12:00 o’clock noon on the Friday preceding the regular Council meeting at which it is to be considered.

 

SEC. 2.05. CITY SEAL

SEC. 2.05. CITY SEAL. All contracts to which the City is a party shall be sealed with the City Seal. Said Seal shall be kept in the custody of the Administrator and affixed by him. The official City Seal shall be a circular disc having engraved thereupon “CITY OF BUFFALO” and such other words, figures or emblems as the Council may, by resolution, designate.

SEC. 2.06. RIGHT TO ADMINISTRATIVE APPEAL

SEC. 2.06. RIGHT TO ADMINISTRATIVE APPEAL. If any person shall be aggrieved by any administrative decision of the Administrator or any other City official, or any Board or Commission not having within its structure an appellate procedure, such aggrieved person is entitled to a full hearing before the Council upon serving a written request therefor upon the Mayor and Administrator at least five (5) days prior to any regular Council meeting. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. At such hearing the appellant may present any evidence he deems pertinent to the appeal, but the City shall not be required to keep a verbatim record of the proceedings. The Mayor, or other officer presiding at the hearing, may, in the interest of justice or to comply with time requirements and on his own motion or the motion of the appellant, the Administrator, or a member of the Council, adjourn the hearing to a more convenient time or place, but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening.

SEC. 2.07. RULES OF PROCEDURE FOR APPEALS AND OTHER HEARINGS

SEC. 2.07. RULES OF PROCEDURE FOR APPEALS AND OTHER HEARINGS. The Council may adopt by resolution certain written rules of procedure to be followed in all administrative appeals and other hearings to be held before the Council or other bodies authorized to hold hearings and determine questions therein presented. Such rules of procedure shall be effective thirty (30) days after adoption and shall be for the purpose of establishing and maintaining order and decorum in the proceedings.

SEC. 2.08. FACSIMILE SIGNATURES

SEC. 2.08. FACSIMILE SIGNATURES. The Mayor and Administrator are hereby authorized to request a depository of City funds to honor an order for payment when such instrument bears a facsimile of his signature, and to charge the same to the account designated thereon or upon which it is drawn, as effectively as though it were his manually written signature. Such authority is granted only for the purpose of permitting such officers an economy of time and effort.

Source: City Code

Effective Date: 10-1-85

 

Adopted 10-05-2010

Effective 10-14-2010

SEC. 2.09. CITY ADMINISTRATOR

SEC. 2.09. CITY ADMINISTRATOR.

Subd. 1. The Office. The City Administrator shall be the chief administrative officer and all administrative functions of the City, as such are from time to time specifically defined by the Council, shall be performed by him.

Subd. 2. Powers and Duties. Unless specifically modified, revoked, amended or altered, the City Administrator shall have the following specific powers and duties: (1) supervision over all departments and employees; (2) recommend to the Council the appointment, suspension, removal, promotion, demotion and transfer of all employees of the City to accomplish efficiency and economy, but all in accordance with laws pertaining thereto; (3) attend Council meetings; (4) prepare, with such participation of other staff members and the Council as may be practicable, and submit the annual budget; (5) keep minutes of all Council meetings, or designate another person to perform this function; (6) act in the capacity of City Clerk and City Treasurer as to all matters relating to statutes and other laws; (7) negotiate and make such purchases as can be accomplished without competitive bidding and obtain estimates, quotations, sealed bids, or contracts in excess of such amount; (8) keep the Council advised of the financial condition of the City and recommend from time to time the adoption of such measures as he may deem necessary or expedient for the health, safety and welfare of the community; (9) recommend salaries to be paid City officers and employees; and, (10) perform other duties specified by the ordinances of the City, or necessary to carry out the duties of chief administrative officer.

Subd. 3. Appointment and Removal. The City Administrator shall be chosen solely on the basis of training, experience and administrative qualifications and he need not be a resident of the City at the time of appointment. The City Administrator shall be appointed for an indefinite term and can only be removed by the Council after a hearing and on specified grounds such as conviction of a felony, refusal to carry out the policies of the Council, or failure or refusal to promptly perform his specified duties, which grounds shall be reduced to writing and served upon him a reasonable time prior to such hearing.

Source: Ordinance No. 35, Series III

Effective Date: 2-7-92

 

SEC. 2.10. FINANCE OFFICER

SEC. 2.10. FINANCE OFFICER.

Subd. 1. Position Created. The position of Finance Officer is hereby created.

Subd. 2. Delegation of Duties. All of the bookkeeping duties of the Administrator are hereby delegated to the Finance Officer.

Subd. 3. Bond. The Finance Officer shall furnish a fidelity bond conditioned on the faithful exercise of his or her duties. In lieu of such individual bond the Council may provide for a blanket bond, furnished by a surety company authorized to transact business in the State of Minnesota, and covering the position and duties of the Finance Officer. Premiums on either of such bonds shall be paid from City funds.

 

 

SEC. 2.11. INTERIM EMERGENCY SUCCESSION

SEC. 2.11. INTERIM EMERGENCY SUCCESSION.

Subd. 1. Purpose. Due to the existing possibility of a nuclear attack or a natural disaster requiring a declaration of a state of emergency, it is found urgent and necessary to insure the continuity of duly elected and lawful leadership of the City to provide for the continuity of the government and the emergency interim succession of key governmental officials by providing a method for temporary emergency appointments to their offices.

Subd. 2. Succession to Local Offices. In the event of a nuclear attack upon the United States or a natural disaster affecting the vicinity of the City, the Mayor, Council and Administrator shall be forthwith notified by any one of said persons and by any means available to gather at the City Hall. In the event that safety or convenience dictate, an alternative place of meeting may be designated. Those gathered shall proceed as follows:

A. By majority vote of those persons present, regardless of number, they shall elect a Chairman and Secretary to preside and keep minutes, respectively.

B. They shall review and record the specific facts relating to the nuclear attack or natural disaster and injuries to persons or damage to property already done, or the imminence thereof.

C. They may, based on such facts, declare a state of emergency.

D. By majority vote of those persons present, regardless of number, they shall fill all positions on the Council, (including the office of Mayor) of those persons upon whom notice could not be served or who are unable to be present.

E. Such interim successors shall serve until such time as the duly elected official is again available and returns to his position, or the state of emergency has passed and a successor is designated and qualifies as required by law, whichever shall occur first.

Subd. 3. Duties of the Interim Emergency Council. The Interim Emergency Council shall exercise the powers and duties of their offices, and appoint other key government officials to serve during the emergency.

Source: City Code

Effective Date: 10-1-85

 

 

 

SEC. 2.12. SALARIES OF MAYOR AND COUNCILMEMBERS

SEC. 2.12. SALARIES OF MAYOR AND COUNCILMEMBERS. Salaries of the Mayor and Council are hereby fixed as follows, which amounts are deemed reasonable:

Subd. 1. The annual salary of the Mayor shall be $4,640.00.

Subd. 2. The annual salary of each Councilmember shall be $3,440.00.

Subd. 3. The salaries provided for herein shall be effective January 1, 2005.

Source: Resolution

Adopted: 12/15/2003

 

 

 

SEC. 2.13. WORKER'S COMPENSATION

SEC. 2.13. WORKER’S COMPENSATION.

Subd. 1. Contractors. The City shall not enter into any contract for doing public work before receiving from all other contracting parties acceptable evidence of compliance with the worker’s compensation insurance coverage requirement of Minnesota Statutes.

Subd. 2. City Officers. All officers of the City elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in the definition of “employee” as defined in Minnesota Statutes relating to coverage for purposes of worker’s compensation entitlement.

 

 

 

 

SEC. 2.14. DEPUTY CITY CLERK-TREASURER AND ASSISTANT ADMINISTRATOR

SEC. 2.14. DEPUTY CITY CLERK-TREASURER AND ASSISTANT ADMINISTRATOR.

Subd. 1. Position Created. The position of Deputy City Clerk-Treasurer and Assistant Administrator is hereby created.

Subd. 2. Delegation of Duties. All of the duties of the City Clerk-Treasurer are hereby delegated to the Deputy City Clerk-Treasurer and Assistant Administrator during such times or times as the City Administrator is absent from the City or disabled.

Subd. 3. Bond. The Deputy City Clerk-Treasurer and Assistant Administrator shall furnish a fidelity bond conditioned on the faithful exercise of his or her duties. In lieu of such individual bond, the Council may provide for a blanket bond, furnished by a surety company authorized to transact business in the State of Minnesota, and covering the position and duties of the City Clerk-Treasurer and Assistant Administrator. Premiums on either of such bonds shall be paid from City funds.

Source: Ordinance No. 35, Series III

Effective Date: 2-7-92

 

 

 

 

SEC. 2.15. EMPLOYEE CRIMINAL BACKGROUND INVESTIGATIONS

SEC. 2.15. EMPLOYEE CRIMINAL BACKGROUND INVESTIGATIONS

Subd. 1 PURPOSE:  The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota’s Computerized Criminal History information for specified non-criminal purposes of employment background checks for the positions described in Section 2.15.

Subd. 2. CRIMINAL HISTORY EMPLOYMENT BACKGROUND INVESTIGATIONS: The Buffalo Police Department is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following positions within the city, unless the city’s hiring authority concludes that a background investigation is not needed:

Employment positions:

All regular part-time and full-time employees of the City of Buffalo and other positions that work with children or vulnerable adults.

In conducting the criminal history background investigation in order to screen employment applicants, the Buffalo Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy.  Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee.  A summary of the results of the Computerized Criminal History data may be released by the Police Department to the hiring authority,  including the City Council, the City Administrator, the Assistant Administrator or other city staff involved in the hiring process.

Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minnesota Statutes Section 364.09, the city will not reject an applicant for employment on the basis of the applicant’s prior conviction unless the crime is directly related to the position of employment sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence.  If the City rejects the applicant’s request on this basis, the City shall notify the applicant in writing of the following:

A.        The grounds and reasons for the denial.
B.        The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06.
C.        The earliest date the applicant may reapply for employment.
D.        That all competent evidence of rehabilitation will be considered upon reapplication.

Source: Ordinance No. 94, Series 5
Effective Date: 03-21-2013

 

 

 

 

SEC. 2.30. DEPARTMENTS GENERALLY

SEC. 2.30. DEPARTMENTS GENERALLY.

Subd. 1. Appointment. All Department Heads and employees shall be appointed by the Council. All appointments shall be for an indeterminate term.

Subd. 2. Compensation. All wage and salary scales shall be fixed and determined by the Council.

Subd. 3. Table of Organization and Lines of Responsibility. The Council may by resolution adopt, amend, and from time to time revise, a Table of Organization and define lines of responsibility and authority for the efficient governmental organization of the City.

Subd. 4. Budgetary Information. The Heads of all Departments shall, prior to July l in each year, file with the Administrator the projected financial needs of his Department for the ensuing year. Such projections shall include information as to maintenance and operation of equipment, new equipment, personnel, and such other information as may be requested by the City.

 

 

 

 

SEC. 2.31. POLICE DEPARTMENT

SEC. 2.31. POLICE DEPARTMENT.  A Police Department is hereby established. The Head of this Department shall be known as the Chief of Police, and the number of additional members and employees of the Police Department shall be determined by the Council which may be changed from time-to-time. The Mayor shall have, without the approval of the Council, authority to appoint additional members of the Police Department for temporary duty when in his judgment an emergency exists for the preservation of life or property. The Chief of Police and all members of the Police Department shall have the powers and authority of police officers generally and shall perform such duties as are required of them by the Council or by law.  Community Service Officers, non-sworn members of the Buffalo Police Department, shall have full authority to take action upon, or issue citations for all petty misdemeanor or misdemeanor violations of the City Code, unless otherwise restricted by law.  Unless specifically noted otherwise, any reference in City Code to “Police Officer” or any derivation of the term thereof, shall also apply equally to Community Service Officers, except as may be inappropriate or unlawful. The Council may establish by resolution, and from time to time revise and amend, a policy relating to investigations and procedures of the Department. The Chief of Police shall have overall supervision and management of the Police Department and custody of all property used and maintained for the purposes of said Department. The Chief of Police shall submit a periodic report to the Council covering the work of his Department for intervals required by the Council.

Source:  Ordinance 41, Series V
Effective Date:  09-05-2002

 

 

 

 

 

SEC. 2.32. FIRE DEPARTMENT

SEC. 2.32. FIRE DEPARTMENT. A Volunteer Fire Department under the control of the Council is hereby established. The size, composition and remuneration shall all be established by resolution of the Council, which may be changed from time-to-time by subsequent resolution. The Council shall also establish written rules and regulations of the Department, a copy of which shall be distributed to each of its members. The members of the Department shall elect their own Chief, Assistant Chief, and other officers subject to confirmation and approval by the Council. The Chief of the Fire Department shall have general superintendence of the Fire Department and the custody of all property used and maintained for the purposes of said Department. He shall see that the same are kept in proper order and that all rules and regulations and all provisions of the laws of the State and ordinances of the City relative to a Fire Department and to the prevention and extinguishment of fires are duly observed. He shall superintend the preservation of all property endangered by fire and shall have control and direction of all persons engaged in preserving such property. In case of the absence or disability of the Chief for any cause, the Assistant Chief shall exercise all the powers, perform all the duties and be subject to all the responsibilities of the Chief. The Chief of the Fire Department shall submit a periodic report to the Council covering the work of his Department for intervals required by the Council.

 

 

 

 

 

SEC. 2.33. LEGAL DEPARTMENT

SEC. 2.33. LEGAL DEPARTMENT. A Legal Department is hereby established. The Council shall appoint a City Attorney, who shall be Head of the Legal Department, together with such assistants as may be necessary who shall serve at the pleasure of the Council. The City Attorney shall perform such duties as are required of him by law or referred to him by the Council. It shall be the official duty of the City Attorney to act as “Revisor of Ordinances”.

 

 

 

 

 

SEC. 2.34. PUBLIC WORKS DEPARTMENT

SEC. 2.34. PUBLIC WORKS DEPARTMENT. A Public Works Department is hereby established. The Head of such Department shall be the Director of Public Works. The City streets and parks shall be under the direct supervision of the Director and he shall be responsible for and have custody of all property of such Department. The Director shall submit a periodic report to the Council covering the work of his Department for intervals required by the Council.

 

 

 

 

SEC. 2.35. BUILDING DEPARTMENT

SEC. 2.35. BUILDING DEPARTMENT. A Building Department is hereby established. The Head of the Building Department shall be the Building Inspector (referred to in the State Building Code as the “Administrative Authority”), together with such assistants and staff members as may be authorized from time to time by the Council. It shall be the duty and power of the Building Inspector to carry out the provisions of the State Building Code and the provisions of the City Code relating to construction. The Building Inspector shall submit a periodic report to the Council covering the work of his Department for intervals required by the Council.

 

 

 

 

SEC. 2.36. WATER AND SEWER DEPARTMENT

SEC. 2.36. WATER AND SEWER DEPARTMENT. A Water and Sewer Department is hereby established. The Head of this Department shall be the Water and Sewer Superintendent. The water and sewerage utilities shall be under his direct supervision and control. The Superintendent shall submit a periodic report to the Council covering the work of his Department for intervals required by the Council.

 

 

 

 

SEC. 2.37. ELECTRIC DEPARTMENT

SEC. 2.37. ELECTRIC DEPARTMENT. An Electric Department is hereby established. The Head of this Department shall be the Electric Superintendent. The electric utilities shall be under his direct supervision and control. The Superintendent shall submit a periodic report to the Council covering the work of his Department for intervals required by the Council.

Source: City Code

Effective Date: 10-1-85

 

 

 

 

SEC. 2.50. BOARDS AND COMMISSIONS GENERALLY

SEC. 2.50. BOARDS AND COMMISSIONS GENERALLY. All Board and Commission appointments authorized by ordinance or resolution shall be made by the Mayor, and such appointment confirmed prior to expiration of the existing term. The term of each appointee shall be established and stated at the time of his appointment, and terms of present Board and Commission members may be reestablished and changed so as to give effect to this Section. New appointees shall assume office on the first day of the first month following their appointment and qualification, or on the first day of the first month following the expiration of the prior term and qualification, whichever shall occur last. Provided, however, that all appointees to Board and Commissions shall hold office until their successor is appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be only for the unexpired term. No appointed Board or Commission member shall be an employee of the City, but an ex officio member may be so employed. All appointed Board and Commission members shall serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council before they were incurred. The Chairman and the Secretary shall be chosen from and by the Board or Commission membership annually to serve for one year. Provided, however, that no Chairman shall be elected who has not completed at least one year as a member of the Board or Commission. Any Board or Commission member may be removed by the Council for misfeasance, malfeasance or non-feasance in office and his position filled as any other vacancy. Each Board and Commission shall hold its regular meeting at a time established and approved by the Council. The City Administrator shall be an ex officio member of all Boards and Commissions; provided, that if he is unable to attend a meeting or act in the capacity of such membership, he may be represented by his assistant or some person duly authorized by him. Except as otherwise provided, this Section shall apply to all Boards and Commissions.

 

 

 

 

SEC. 2.51. PLANNING COMMISSION.

SEC. 2.51. PLANNING COMMISSION.

Subd. 1. Establishment and Composition. A Planning Commission is hereby established. The Commission shall be composed of nine members who shall serve staggered four-year terms.

Subd. 2. Powers and Duties. The Planning Commission shall have all the powers and duties defined or granted in the Statutes and the City Code relating to planning, zoning and subdivision regulation and shall act in an advisory capacity to the Council in all of such areas.

Source: City Code

Effective Date: 10-1-85

 

 

 

 

SEC. 2.53. AIRPORT ADVISORY COMMISSION

SEC. 2.53.  AIRPORT ADVISORY COMMISSION. 

Subd. 1.  Establishment and Composition.  An advisory Airport Commission, composed of seven citizen members who shall serve staggered three-year terms, is hereby established.

Ordinance Number 47, Series V
Effective Date:  02-20-2003

Subd. 2.  Powers and Duties.  The Commission shall plan, promote and encourage the development and utilization of the Municipal Airport.  It shall advise the Council, both with respect to general policies and detailed administra­tion, and all matters having to do with the acquisition, construction, improvement, maintenance, operation, manage­ment and control of the Municipal Airport and all appurtenances thereto.  It shall advise the Council with respect to airport budget, the charges and other financial arrangements for the use of airport property as well as recommendations for the zoning and protection of aerial approaches.  It shall have the further duty of consulting and cooperating with Federal, State and other agencies in order that the City may receive the utmost cooperation, financial and otherwise, with respect to the airport.

SEC. 2.55. BOARD OF ADJUSTMENTS AND APPEALS

SEC. 2.55. BOARD OF ADJUSTMENTS AND APPEALS. CODIFIER’S NOTE: The Board of Adjustments and Appeals is provided for in Chapter 11 of the City Code.

Source: City Code

Effective Date: 10-1-85

SEC. 2.56. STAR CITY ADVISORY COMMISSION

SEC. 2.56.  STAR CITY ADVISORY COMMISSION.

Subd. 1.  Definitions.  The following terms, as used in this Section, shall have the meanings stated:

A.  “Commission” is the Star City Commission of the City as created by this Section.

B.  “Chairman” is the Chairman of the Star City Commission as provided hereunder.

C.  “Vice-Chairman” is the Vice-Chairman of the Star City Commission as provided hereunder.

D.  “Secretary” is the Secretary of the Star City Commission as provided hereunder.

E.  “Planning Commission” is the City Planning Commission.

Subd. 2.  Establishment.  A Star City Commission is hereby established to be advisory to the Council and Planning Commission, which Star City Commission shall have the powers and duties hereinafter set forth.

Subd. 3.  Terms of Office.  Of the members of the Commission first appointed, three shall be appointed for terms expiring in January of 1987, and two shall be appointed for terms expiring in January of 1988.  Upon expiration of said initial terms, future appointees shall serve three-year terms expiring in January of the appropriate year; provided, however, that members shall continue their terms until new appointments or reappointments are made by the Council.  The Council shall make appointments to the Commission at its second official meeting in January of each year or as soon thereafter as it desires.  Vacancies during the term shall be filled by the Council for the unexpired portion of the term.

Subd. 4.  Qualifications.  The Commission shall consist of the following:  One Council member; and members of the community representing, but not limited to the Chamber of Commerce, the Improvement Association, Independent School District Board, Area Board of Realtors, and the general public; also one representative of the Wright County Ministerial Association; and one County Commissioner from either District #2 or District #3, and the City Administrator.

Subd. 5.  Removal of Members.  The Council by a four-fifths vote of its members shall have the authority to remove any member of the Commission from office whenever, in its discretion, the best interest of the City shall be served thereby.

Subd. 6.  Meetings, Officers.  The Commission will name its own officers to serve at its pleasure from the membership of the Commission.

A.  Regular Meetings.  The Commission shall meet publicly in regular session at least once each month at a time and place selected by a majority of its members.

B.  Special Meetings.  The Chairman or any three (3) members of the Commission shall have the authority to call a special meeting of the Commission.  Written notice of special meetings shall be given to all members at least twenty‑four (24) hours prior to the time of the meeting unless the time and place for the special meetings is set at a regular meeting.

Subd. 7.  Commission Staff.  The Commission shall receive the staff services of the City Administrator and approved by the Council within the means provided by an appropriations made therefor by the Council.

Subd. 8.  Rules and Procedure.  The Commission shall adopt a set of rules to govern its own meetings and procedures.  The rules may be amended from time to time, but only upon notice to all members that the said proposed amendments shall be acted upon at a specified meeting.  A majority vote of the Commission shall be required for the approval of the proposed amendment.

Subd. 9.  Absence of Members.  Absence from three consecutive regular meetings without the formal consent of the Commission shall be deemed to constitute a resignation of a member; and the vacancy thus created shall be filled thereafter by appointment of the Council for the remainder of the term of the member so deemed to have resigned.

Subd. 10.  Powers and Duties.  The Commission shall have the following powers and duties:

A.  To confer with and advise the Council and Planning Commission on all matters concerning the industrial and commercial development of the City.

B.  To publicize, with the consent of the Council, the industrial and commercial advantages and opportunities of the City.

C.  To collect data and information as to the type of industries and commerce best suited to the City.

D.  To periodically survey the overall condition of the City from the standpoint of determining whether the City has a community climate for industry and to determine the general receptiveness of the City of particular types of industry.

E.  To publicize information as to the general advantages of industrial and commercial development in a community.

F.  To cooperate with all industries and businesses in the City and in the solution of any community problems which they may have, and to encourage the expansion, development and management of such industries and business so as to promote the general welfare of the City.

G.  To cooperate with the Regional Development Commission in the undertaking of necessary surveys and studies in the furtherance of commercial and industrial development.

H.  To aid the Council and Planning Commission in the proper zoning and orderly development of areas suitable for industrial and commercial development.

I.  To develop, compile, coordinate and publicize information such as, but not limited to, the following:

1.  Existing industrial and commercial concerns with the City, their addresses, type of business, number of employees and whether each serves local, regional or national markets.

2.  Available industrial and commercial sites including number of acres, approximate price, existing zoning and proximity to trackage and highways.

3.  Available buildings for industrial and commercial operations, including type of building, number of square feet, existing zoning and proximity to trackage and highways.  (Minn. State Dept. Form.)

4.  Transportation facilities, including railroads, motor carriers, water transportation, air transportation and highway facilities.

5.  Electric power available.

6.  Fuels available for industrial and commercial use.

7.  Sewage disposal facilities.

8.  Water supply facilities.

9.  Community facilities such as fire, police and educational.

10.  Recreational facilities.

11.  Going wage rate in the City for the trades, skilled and semi‑skilled and white collar workers.

12.  Availability of labor.

13.  General community attitude toward industrial and commercial expansion, development and attraction.

14.  Experience and program of surround­ing suburban communities in regards to industrial and commercial expansion, development and attraction.

J.  To recommend to the Council and Planning Commission policies and particular actions in regards to industrial and commercial expansion development and attraction.

K.  To cooperate with and use the facilities of the Minnesota Department of Energy and Economic Development’s Star Cities Program.

L.  To cooperate and coordinate with the Buffalo 503 Development Company, the Buffalo Area Board of Realtors and local lending institutions in defining available property and assembling financing packages for commercial and industrial prospects.

M.  The Commission shall have the power to appoint subcommittees of a size and nature it may deem necessary and may enlist the aid of persons and/or organizations who are not members of the Commission.  The Commission shall have no power to make contracts, levy taxes, borrow money or condemn property, but shall have the full power and responsibility to investigate the necessity

and recommend the taking of these and any other actions related to the industrial and commercial development by the Council and all other officers of the City responsible to formulate the terms of and the procedure for taking such action.

Subd. ll.  Annual Report.  The Commission shall make a report to the Council of its activities in December of each year.

 

Source:  Ordinance No. 4, Second Series                              Effective Date:  3-21-86

SEC. 2.57. HERITAGE PRESERVATION ADVISORY COMMISSION

SEC. 2.57.  HERITAGE PRESERVATION ADVISORY COMMISSION.

Subd. 1.  Policy and Purpose.  The Council finds that the historical, architectural, archeological, engineering, and cultural heritage of the City are among its important assets.  Therefore, this Section is adopted to engage in a comprehensive program of historic preservation, and to promote the use and conservation of historic properties for the education, inspiration, pleasure, and enrichment of the citizens of the City.

Subd. 2.  Establishment and Composition.  An Heritage  Preservation Commission is hereby established.  The Commission shall be composed of five (5) members appointed for three‑year staggered terms.  By virtue of his position, the Chairperson of the Planning Commission shall be an ex officio non‑voting member of the Commission, but such membership shall not be counted in the number of

members stated.  Commission members, other than the Chairman of the Planning Commission, shall be persons with demonstrated interest and expertise in historic preservation who are residents of the City, and, if available, a member of the Wright County Historical Society.

Subd. 3.  Powers and Duties.  In general, the purpose of the Heritage Preservation Commission shall be to preserve buildings, land, areas, or districts which are determined by the Commission to possess particular cultural or educational value (herein referred to as “An Heritage Preservation Site”), and to that end it shall promote the designation of Heritage Preservation Sites applying the following standards:

A.  The character, interest or value as part of the development of heritage or cultural characteristics of the City, State, or Nation.

B.  The location as a site of a significant historic event.

C.  The identification with a person(s) or who significantly contributed to the culture and development of the City.

D.  The embodiment of distinguishing characteristics of an architectural style, period, form or treatment.

E.  The identification as work of an architect or master builder whose individual work has influenced the development of the City.

F.  The embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation.

G.  The unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community, or the City.

Subd. 4.  Additional Powers and Duties.  The Commission shall study and recommend to the Council, the following:

A.  The survey and designation of districts, sites,  buildings, structures, and objects that are of historical,  architectural, archeological, engineering, or cultural significance.

B.  The enactment of rules governing construction,  alteration, demolition, and use, including the review of building  permits, and the adoption of other measures appropriate for the  preservation, protection, and perpetuation of designated properties  and areas.

C.  The acquisition by purchase, gift, or bequest, of a  fee or lesser interest, including preservation restrictions, in  designated properties and adjacent or associated lands which are  important for the preservation and use of the designated properties.

D.  Requests to the Council to use its power of  eminent domain to maintain or preserve designated properties and  adjacent or associated lands.

E.  The sale or lease of air rights.

F.  The granting of use variations to a zoning  ordinance.

G.  Participation in the conduct of land use, urban  renewal, and other planning processes undertaken by the City.

H.  The removal of blighting influences, including  signs, unsightly structures, and debris, incompatible with the  physical well-being of designated properties or areas.

Subd. 5.  Procedure for Designation of An Historic Preservation Site.

A.  Every program proposed by the Commission shall be forwarded to the Minnesota Historical Society which shall, by statute, review and comment on the proposal within sixty (60) days.

B.  Either prior to, or subsequent to, a hearing as hereinafter provided for, the Commission may recommend to the Council, after review by the Planning Commission, that certain property eligible for designation as An Heritage Preservation Site be acquired by the City either by gift, devise, negotiation, or eminent domain.


    C.  The Historic Preservation Commission may, and upon the request of an owner of an interest therein shall, recommend to the Council the designation of a specifically described building, land, area, or district as An Historic Preservation Site.  No action on the recommendation shall be taken by the Council until the Minnesota Historical Society has had an opportunity to review and comment if such is deemed necessary by such Society.

D.  Designations of An Heritage Preservation Site shall be by ordinance adopted by the Council only after a public hearing before the Council upon thirty (30) days’ published notice and mailed notice to (1) all owners of the proposed Heritage Preservation Site, (2) all owners of real property within 300 feet of the borders of the proposed Site, and (3) all members of the Heritage Preservation and Planning Commissions.

Subd. 6.  Permit.  No permit shall be issued for constructing a building, remodeling a building, moving a building, or demolishing a building on An Heritage Preservation Site until it has been approved by the Council upon recommendation of the Commission.

 

Source:  Ordinance No. 6, Series IV

Effective Date:  9-9-94

SEC. 2.58 COMMUNITY CENTER ADVISORY BOARD

SEC. 2.58 COMMUNITY CENTER ADVISORY BOARD

Subd. 1. Establishment and Composition. The City Council establishes a Community Center Advisory Board. The Board shall consist of not less than ten (10) and no more than twenty-five (25)-voting members who shall serve staggered three (3) year terms with one-third (1/3) of the Board’s membership being changed each year. The Mayor, or designees, and the Buffalo Community Center Program Director shall be ex-officio, non-voting Board members. Members shall not serve more than two (2) consecutive full or partial terms. The Board’s Executive Committee shall fill all unexpired terms when a vacancy occurs.

The Board’s Executive Committee shall screen and the Buffalo City Council shall approve all Board members. The Board shall consist of representation from senior groups, public agencies concerned about older adults, churches, schools, civic and service organizations, the City Council, a youth representative and other community citizens. At lease fifty percent (50%) of the Board’s voting membership shall be persons age 60 and over and shall include seniors participating in the program operating within the Buffalo Community Center.

Subd. 2. Powers and Duties. The Board shall serve in an advisory capacity to the Buffalo Community Center Program Director and the Buffalo City Council on program planning and shall support, assist and advise them on significant programs, financial and building scheduling decisions. The Board shall act as a communication line between the City Council, the Buffalo Community Center staff and the community residents and seniors participating within the Center and promote the programs through their work and contacts in the area.

The Program Director shall make the day-to-day decisions regarding program operation and facility use. The City Council shall have final authority on all decisions regarding the Buffalo Community Center and its programs. Subject to the City council’s approval, the Board may establish Bylaws to govern its internal operations, such as officers, meetings and committees. The City shall keep a copy of the Board’s Bylaws at City Hall.

 

Source:  Ordinance No. 18, Series 5

Effective Date:  12-10-98

 

 

Source:  Ordinance No. 6, Series IV

Effective Date:  9-9-94

SEC. 2.59. PARK ADVISORY BOARD

SEC. 2.59. PARK ADVISORY BOARD

Subd. 1. Establishment and Composition. The City council establishes a Park Advisory Board. The Board shall consist of nine (9) members who shall serve staggered three-year terms.

Ordinance Number 47, Series V
Effective Date:  02-20-2003

Subd. 2. Powers and Duties. The Board shall advise, support and assist the Buffalo City Council regarding all land the Council designates as park properties and on the council’s establishment, operation and maintenance of all park and recreational facilities and activities the City controls including parks, playgrounds, marinas, swimming pools, golf courses, ski hills, hiking, bicycle and snowmobile trails and nature preserves. The City Council does not establish the Board under Minnesota Statues Sections 412.501 through 531, and the Board shall not have any power under those Sections. The City Council shall have complete control and final authority on all decisions regarding parks and recreational facilities and programs within the City.

 

Source:  Ordinance No. 20, Series 5

Effective Date:  12-10-98

SEC. 2.70. DISPOSAL OF ABANDONED MOTOR VEHICLES, UNCLAIMED PROPERTY AND EXCESS PROPERTY

SEC. 2.70. DISPOSAL OF ABANDONED MOTOR VEHICLES, UNCLAIMED PROPERTY AND EXCESS PROPERTY.

Subd. 1. Disposal of Abandoned Motor Vehicles.

A. Definitions.

1. The term “abandoned motor vehicle” means a motor vehicle as defined in Minnesota Statutes, Chapter 169, that has remained for a period of more than forty-eight hours on public property illegally or lacking vital component parts, or has remained for a period of more than forty-eight hours on private property without the consent of the person in control of such property, or in an inoperable condition such that it has no substantial potential further use consistent with its usual function unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to and accepted by the City. A classic car or pioneer car, as defined in Minnesota Statutes, Chapter 168, shall not be considered an abandoned motor vehicle within the meaning of this Section. Vehicles on the premises of junk yards or automobile graveyards, which are licensed and maintained in accordance with the City Code, shall not be considered abandoned motor vehicles within the meaning of this Section.

2. The term “vital component parts” means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels.

B. Custody. The City may take into custody and impound any abandoned motor vehicle.

C. Immediate Sale. When an abandoned motor vehicle is more than seven model years of age, is lacking vital component parts, and does not display a license plate currently valid in Minnesota or any other state or foreign country, it shall immediately be eligible for sale at public auction, and shall not be subject to the notification, reclamation, or title provisions of this Subdivision.

D. Notice.

1. When an abandoned motor vehicle does not fall within the provisions of Subparagraph C of this Subdivision, the City shall give notice of the taking within ten days. The notice shall set forth the date and place of the taking, the year, make, model and serial number of the abandoned motor vehicle, if such information can be reasonably obtained, and the place where the vehicle is being held, shall inform the owner and any lien holders of their right to reclaim the vehicle under Subparagraph E of this Subdivision, and shall state that failure of the owner or lien holder to exercise their right to reclaim the vehicle and contents shall be deemed a waiver by them of all rights, title and interest in the vehicle and a consent to the sale of the vehicle and contents at a public auction pursuant to Subparagraph F of this Subdivision.

2. The notice shall be sent by mail to the registered owner, if any, of the abandoned motor vehicle and to all readily identifiable lien holders of record. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lien holders, the notice shall be published once in the official newspaper. Published notices may be grouped together for convenience and economy.

E. Right to Reclaim.

1. The owner or any lien holder of an abandoned motor vehicle shall have a right to reclaim such vehicle from the City upon payment of all towing and storage charges resulting from taking the vehicle into custody within fifteen days after the date of the notice required by this Subdivision.

2. Nothing in this Subdivision shall be construed to impair any lien of a garage keeper under the laws of this State, or the right of the lien holder to foreclose. For the purposes of this Subparagraph E “garage keeper” is an operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles.

F. Public Sale.

1. An abandoned motor vehicle and contents taken into custody and not reclaimed under Subparagraph E of this Subdivision shall be sold to the highest bidder at public auction or sale, following one notice published at least seven days prior to such auction or sale. The purchaser shall be given a receipt in a form prescribed by the Registrar of Motor Vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate of title, it must receive a motor vehicle safety check.

2. From the proceeds of the sale of an abandoned motor vehicle, the City shall reimburse itself for the cost of towing, preserving and storing the vehicle, and all administrative, notice and publication costs incurred pursuant to this Subdivision. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for ninety days and then shall be deposited in the General Fund of the City. In the event a sale under this Subdivision of an abandoned motor vehicle results in proceeds insufficient to reimburse the City for the cost of towing, preserving and storing the vehicle, and all administrative, notice and publication costs incurred in handling the vehicle, the City may commence an action in any court of competent jurisdiction against the owner of said abandoned motor vehicle or the person in actual possession of said vehicle for any such deficiency.

G. Disposal of Vehicles Not Sold. Where no bid has been received for an abandoned motor vehicle, the City may dispose of it in accordance with this Subdivision.

H. Contracts and Disposal.

1. The City may contract with any qualified person for collection, storage, incineration, volume reduction, transportation or other services necessary to prepare abandoned motor vehicles and other scrap metal for recycling or other methods of disposal.

2. Where the City enters into a contract with a person duly licensed by the Minnesota Pollution Control Agency, the Agency shall review the contract to determine whether it conforms to the Agency’s plan for solid waste disposal. A contract that does so conform may be approved by the Agency. Where a contract has been approved, the Agency may reimburse the City for the costs incurred under the contract which have not been reimbursed.

3. If the City utilizes its own equipment and personnel for disposal of the abandoned motor vehicle, it shall be entitled to reimbursement for the cost thereof along with its other costs as herein provided.

Source: City Code

Effective Date: 10-1-85

Subd. 2. Disposal of Unclaimed Property.

A. Definition. For the purpose of this Subdivision, the term “abandoned property” means tangible or intangible property, other than motor vehicles, that has come into the possession of the City in the course of governmental operations or having been turned over to the City by a person after being found on public or private property.

B. Procedure for Handling Abandoned Property.

1. All such property shall be placed in charge of the Chief of Police who shall, if the identity and whereabouts of the owner is unknown, initiate and pursue such reasonable investigation as may be indicated under the circumstances. When the identity and whereabouts of the owner has been established, written notice shall be given that the property can be claimed by the owner from the Chief of Police.

2. If the Chief of Police is unable to identify the owner, he may publish a notice once generally describing the property and stating that it will be returned to the finder thirty (30) days after publication unless the owner establishes his right to it within that period of time. If the owner fails to respond to the publication, the Chief of Police shall return the property to the finder.

3. If the owner is not found, and the finder refuses the return of the property, the Chief of Police shall report the same to the City Administrator who shall present the matter to the Council for a declaration of abandonment.

C. Declaration and Sale. When the Council has declared the property abandoned, it shall be sold in the same manner as excess property and the proceeds shall be placed in the General Fund.

Source: Ordinance No. 35, Series III

Effective Date: 2-7-92

Subd. 3. Disposal of Excess Property.

A. Declaration of Surplus and Authorizing Sale of Property. The Administrator may, from time to time, recommend to the Council that certain personal property (chattels) owned by the City is no longer needed for a municipal purpose and should be sold. By action of the Council, said property shall be declared surplus, the value estimated and the Administrator authorized to dispose of said property in the manner stated herein.

B. Surplus Property With a Total Estimated Value of Less Than $100.00. The Administrator may sell surplus property with a total value of less than $100.00 through negotiated sale.

C. Surplus Property With a Total Estimated Value Between $100.00 and $500.00. The Administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value of from $100.00 to $500.00. Notice of such public sale shall be given stating time and place of sale and generally describing the property to be sold at least ten days prior to the date of sale either by publication once in the official newspaper, or by posting in a conspicuous place in the City Hall at the Administrator’s option. Such sale shall be by auction.

D. Surplus Property With a Total Estimated Value Over $500.00. The Administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value over $500.00. Notice of such public sale shall be given stating time and place of sale and generally describing property to be sold at least ten days prior to the date of sale by publication once in the official newspaper. Such sale shall be to the person submitting the highest bid.

E. Receipts From Sales of Surplus Property. All receipts from sales of surplus property under this Section shall be placed in the General Fund.

Subd. 4. Persons Who May Not Purchase – Exception.

A. No employee of the City who is a member of the administrative staff, department head, a member of the Council, or an advisor serving the City in a professional capacity, may be a purchaser of property under this Section. Other City employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one week’s published or posted notice of sale is given.

B. It is unlawful for any person to be a purchaser of property under this Section if such purchase is prohibited by the terms of this Section.

SEC. 2.71. PERSONNEL RULES AND REGULATIONS

SEC. 2.71. PERSONNEL RULES AND REGULATIONS. The Council may, by resolution, establish personnel rules setting forth the rights, duties and responsibilities of employees. Such rules may from time-to-time be amended.

SEC. 2.72. EMPLOYEE RESIDENCY

SEC. 2.72. EMPLOYEE RESIDENCY.

Subd. 1. Purpose. The Council recognizes its duty to, insofar as possible, protect the health, safety, and welfare of the residents of the City, and their property. In order to fulfill this responsibility it may be necessary, in times of individual need or widespread disaster giving rise to an emergency, to recall City employees. Thus this Section is adopted to require employee residency within a reasonable area or response time to meet such needs.

Subd. 2. Employees Classified.

A. Class I employees shall be the following: the Administrator and the Chief of Police.

Source:  Ordinance 55, Series V

Effective Date:  01-01-2004

B. Class II employees are all those not in Class I.

Subd. 3. Residency. The following areas or response times are hereby determined to be reasonable, and required within six (6) months after assuming City employment:

A. The area in which all Class I employees shall reside is within the City limits.

B. All Class II employees shall be able to reach the City Administrative Offices (1) within six (6) minutes if by motorized vehicle, or (2) within twenty-five (25) minutes if on foot.

C. Any present City employee, now residing outside the area or response time specified in Sub paragraphs A and B of this Subdivision who moves his residence in the future, will be bound by this Subdivision.

SEC. 2.73. DEFERMENT OF SPECIAL ASSESSMENTS

SEC. 2.73. DEFERMENT OF SPECIAL ASSESSMENTS.

Subd. 1. The Council may defer the payment of any special assessment on homestead property owned by a person who is 65 years of age or older, or who is retired by virtue of permanent and total disability, and the Administrator is hereby authorized to record the deferment of special assessments where the following conditions are met:

A. The applicant must apply for the deferment not later than ninety days after the assessment is adopted by the Council.

B. The applicant must be 65 years of age, or older, or retired by virtue of permanent and total disability.

C. The applicant must be the owner of the property.

D. The applicant must occupy the property as his principal place of residence.

E. The applicant’s income from all sources shall not exceed the low income limit as established by the Department of Housing and Urban Development as used in determining the eligibility for Section VIII housing.

Subd. 2. The deferment shall be granted for as long a period of time as the hardship exists and the conditions as aforementioned have been met. However, it shall be the duty of the applicant to notify the Administrator of any change in his status that would affect eligibility for deferment.

Source: City Code

Effective Date: 10-1-85

Subd. 3. The entire amount of deferred special assessments shall be due within sixty days after loss of eligibility by the applicant. If the special assessment is not paid within sixty days, the Administrator shall add thereto interest at a rate set by resolution of the Council from the due date through December 31 of the following year and the total amount of principal and interest shall be certified to the County Auditor for collection with taxes the following year. Should the applicant plead and prove, to the satisfaction of the Council, that full repayment of the deferred special assessment would cause the applicant particular undue financial hardship, the Council may order that the applicant pay within sixty days a sum equal to the number of installments of deferred special assessments outstanding and unpaid to date (including principal and interest) with the balance thereafter paid according to the terms and conditions of the original special assessment.

Source: Ordinance No. 7, Series IV

Effective Date: 9-9-94

Subd. 4. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any one of the following:

A. The death of the owner when there is no spouse who is eligible for deferment.

B. The sale, transfer or subdivision of all or any part of the property.

C. Loss of homestead status on the property.

D. Determination by the Council for any reason that there would be no hardship to require immediate or partial payment.

SEC. 2.74. FRANCHISES

SEC. 2.74. FRANCHISES.

Subd. 1. Definition. The term “franchise” as used in this Section shall be construed to mean any special privileges granted to any person in, over, upon, or under any of the streets or public places of the City, whether such privilege has heretofore been granted by it or by the State of Minnesota, or shall hereafter be granted by the City or by the State of Minnesota.

Subd. 2. Franchise Ordinances. The Council may grant franchises by ordinance. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All persons desiring to make any burdensome use of the streets or public places, inconsistent with the public’s right in such places, or desiring the privilege of placing in, over, upon, or under any street or public place any permanent or semi-permanent fixtures for the purpose of constructing or operating railways, telegraphing, or transmitting electricity, or transporting by pneumatic tubes, or for furnishing to the City or its inhabitants or any portion thereof, transportation facilities, water, light, heat, power, gas, or any other such utility, or for any other purpose, shall be required to obtain a franchise before proceeding to make such use of the streets or public places or before proceeding to place such fixtures in such places.

Subd. 3. Power of Regulation Reserved. The City shall have the right and power to regulate and control the exercise by any person, of any franchise however acquired, and whether such franchise has been heretofore granted by it or by the State of Minnesota.

Subd. 4. Conditions in Every Franchise. All conditions specified in this Section shall be a part of every franchise even though they may not be expressly contained in the franchise:

A. That the grantee shall be subject to and will perform on its part all the terms of this Section and will comply with all pertinent provisions of the City Code, as the same may from time to time be amended.

B. That the grantee shall in no case claim or pretend to exercise any power to fix fares, rates, and charges; but that such fares, rates, and charges shall at all times be just, fair and reasonable for the services rendered and shall in all cases be fixed and from time to time changed, unless regulated by an agency of the State of Minnesota, in the manner following:

1. A reasonable rate shall be construed to be one which will, with efficient management, normally yield above all operating expenses and depreciation, a fair return upon all money invested.

2. If possible, maximum rates and charges shall be arrived at by direct negotiation with the Council.

3. If direct negotiations fail to produce agreement, the Council shall, not less than thirty days before the expiration of any existing rate schedule or agreement, appoint an expert as its representative, the franchisee shall likewise appoint an expert as its representative and the two of them shall appoint a third person, preferably an expert, and the three of them shall constitute a board of arbitration. The board shall report its findings as soon as possible and the rates and charges it shall agree upon by majority vote shall be legal and binding, subject only to review by a court of competent jurisdiction upon application of one of the parties.

C. That the Council shall have the right to require reasonable extensions of any public service system from time to time, and to make such rules and regulations as may be required to secure adequate and proper service and to provide sufficient accommodations for the public.

D. That the grantee shall not issue any capital stock on account of the franchise or the value thereof, and that the grantee shall have no right to receive upon condemnation proceedings brought by the City to acquire the public utility exercising such franchise, any return on account of the franchise or its value.

E. That no sale or lease of said franchise shall be effective until the assignee or lessee shall have filed with the City an instrument, duly executed, reciting the facts of such sale or lease, accepting the terms of the franchise, and agreeing to perform all the conditions required of the grantee thereunder.

F. That every grant in said franchise contained of permission for the erection of poles, masts, or other fixtures in the streets and for the attachment of wires thereto, or for the laying of tracks in, or of pipes or conduits under the streets or public places, or for the placing in the streets or other public places of any permanent or semi-permanent fixtures whatsoever, shall be subject to the conditions that the Council shall have the power to require such alterations therein, or relocation or rerouting thereof, as the Council may at any time deem necessary for the safety, health, or convenience of the public, and particularly that it shall have the power to require the removal of poles, masts, and other fixtures bearing wires and the placing underground of all facilities for whatsoever purpose used.

G. Every franchise shall contain a provision granting the City the right to acquire the same in accordance with statute.

H. That the franchisee may be obligated by the City to pay the City fees to raise revenue or defray increased costs accruing as a result of utility operations, or both, including, but not limited to, a sum of money based upon gross operating revenues or gross earnings from its operations in the City.

Subd. 5. Further Provisions of Franchises. The enumeration and specification of particular matters which must be included in every franchise or renewal or extension thereof, shall not be construed as impairing the right of the City to insert in any such franchise or renewal or extension thereof such other and further conditions and restrictions as the Council may deem proper to protect the City’s interests, nor shall anything contained in this Section limit any right or power possessed by the City over existing franchises.

Source: City Code

Effective Date: 10-1-85

 

C. Loss of homestead status on the property.

D. Determination by the Council for any reason that there would be no hardship to require immediate or partial payment.

SEC. 2.99. VIOLATION A MISDEMEANOR

SEC. 2.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.

Source: City Code

Effective Date: 10-1-85

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