reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.311 — Contracts.

412.311 CONTRACTS.
Subdivision 1.
Lowest responsible bidder.
Except as provided in sections 471.87 to 471.89, no member of a council shall be directly or indirectly interested in any contract made by the council. Whenever the amount of a contract for the purchase of merchandise, materials or equipment or for any kind of construction work undertaken by the city is estimated to exceed the amount specified by section 471.345, subdivision 3, the contract shall be let to the lowest responsible bidder, after notice has been published once in the official newspaper at least ten days in advance of the last day for the submission of bids. If the amount of the contract exceeds $1,000, it shall be entered into only after compliance with section 471.345.
Subd. 2.
Best value alternative.
As an alternative to the procurement method described in subdivision 1, a contract for construction, building, alteration, improvement, or repair work may be awarded to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
History:
1949 c 119 s 38; 1951 c 378 s 11; 1951 c 379 s 5; 1953 c 735 s 5; 1957 c 429 s 1; 1965 c 175 s 1; 1973 c 123 art 2 s 1 subd 2; 1976 c 44 s 27; 1992 c 380 s 2; 2007 c 148 art 3 s 24
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.331 — Establishment Of Public Utilities Commission.

412.331 ESTABLISHMENT OF PUBLIC UTILITIES COMMISSION.
Any statutory city may by ordinance expressly accepting the provisions of sections 412.331 to 412.391 establish a public utilities commission with the powers and duties set out in those sections. Any water, light, power and building commission now in existence in any statutory city shall hereafter operate as a public utilities commission under sections 412.321 to 412.391.
History:
1949 c 119 s 43; 1973 c 123 art 2 s 1 subd 2
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.341 — Commission; Membership, Organization.

412.341 COMMISSION; MEMBERSHIP, ORGANIZATION.
Subdivision 1.
Membership.
The commission shall consist of three members appointed by the council. No more than one member may be chosen from the council membership. Each member shall serve for a term of three years and until a successor is appointed and qualified except that of the members initially appointed in any city, one shall serve for a term of one year, one for a term of two years, and one for a term of three years. Residence shall not be a qualification for membership on the commission unless the council so provides. A vacancy shall be filled by the council for the unexpired term.
Subd. 2.
Rules; officers, salary.
The commission shall adopt rules for its own proceedings which shall provide among other things for at least one regular meeting by the commission each month. It shall annually choose a president from among its own members. It shall also appoint a secretary for an indefinite term. The secretary need not be a member of the commission and may be the city clerk. No member of the commission shall receive a salary except as fixed by the council. The secretary shall receive a salary fixed by the commission.
History:
1949 c 119 s 44; 1951 c 378 s 12; 1973 c 123 art 2 s 1 subd 2; 1986 c 444
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.351 — Commission, Jurisdiction.

412.351 COMMISSION, JURISDICTION.
The council shall, in the ordinance establishing the commission, decide which of the following public utilities shall be within the commission's jurisdiction: (1) the city water system; (2) light and power system, including any system then in use or later acquired for the production and distribution of steam heat; (3) gas system; (4) sanitary or storm sewer system or both, including the city sewage disposal plant; (5) public buildings owned or leased by the city; (6) district heating system. As used subsequently in sections 412.351 to 412.391, the term "public utility" means any water, light and power, gas or sewer system, or public buildings thus placed by ordinance under the jurisdiction of the public utilities commission. Any public utility not placed under the jurisdiction of the public utilities commission by the ordinance establishing the commission may be placed under the jurisdiction of the commission by an amendment to the original ordinance.
History:
1949 c 119 s 45; 1951 c 378 s 13; 1973 c 123 art 2 s 1 subd 2; 1981 c 334 s 3
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.361 — Public Utility; Commission Powers.

412.361 PUBLIC UTILITY; COMMISSION POWERS.
Subdivision 1.
Contract; bid provisions apply.
The commission shall have power to extend and to modify or rebuild any public utility and to do anything it deems necessary for its proper and efficient operation; and it may enter into necessary contracts for these purposes. The provisions of section 412.311 relating to advertisement for bids shall apply to contracts of the public utilities commission.
Subd. 2.
Hire, direct, fix pay for personnel.
The commission shall have power to employ all necessary help for the management and operation of the public utility, prescribe duties of officers and employees and fix their compensation.
Subd. 3.
Buy fuel, supplies, wholesale energy.
The commission shall have power to buy all fuel and supplies, and it may purchase wholesale electric energy, steam heat, hot water energy, gas or water, as the case may be, for municipal distribution.
Subd. 4.
Fix rates; adopt service rules.
The commission shall have power to fix rates and to adopt reasonable rules and regulations for utility service supplied by the municipally owned public utilities within its jurisdiction.
Subd. 5.
Relations, finances with city.
The commission shall have power to enter into agreements with the council for payments by the city for utility service, compensation for the use by either the commission or the city of buildings, equipment, and personnel under the control of the other, payments to the city in lieu of taxes, transfers of surplus utility funds to the general fund, and also agreements on other subjects of relationships between the commission and the council.
History:
1949 c 119 s 46; 1953 c 735 s 6; 1973 c 123 art 2 s 1 subd 2; 1981 c 334 s 4
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.371 — Separate City Fund For Each Utility.

412.371 SEPARATE CITY FUND FOR EACH UTILITY.
Subdivision 1.
For all utility money in and out.
A separate fund or a separate account shall be established in the city treasury for each utility. Into this fund or account shall be paid all the receipts from the utility and from it shall be paid all disbursements attributable to the utility.
Subd. 2.
Must audit like city.
The commission shall, in the same manner as the council under section 412.271, subdivision 1, and to the same extent, audit claims to be paid from the public utilities fund. The secretary of the commission shall draw an order upon the treasurer for the proper amount allowed by the commission.
Subd. 3.
Checks paid like city.
Upon counter signature by the president of the commission and presentation orders shall be paid by the treasurer.
History:
1949 c 119 s 47; 1973 c 123 art 2 s 1 subd 2; 1986 c 444
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.381 — Reports.

412.381 REPORTS.
The accounting officer of the commission shall make such monthly or annual statements of operation as the commission may require. A copy of each such report shall be filed in the office of the city clerk. An annual financial report shall be made and a copy filed with the clerk at the close of the calendar year and shall be included as part of the annual financial report or statement of the clerk in conformity with section 471.697 or 471.698. The cost of publication of any other official statement required by law to be published shall be paid from public utility funds.
History:
1949 c 119 s 48; 1973 c 123 art 2 s 1 subd 2; 1987 c 384 art 2 s 90
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.391 — Abolition Of Commission Or Utility Transfer.

412.391 ABOLITION OF COMMISSION OR UTILITY TRANSFER.
Subdivision 1.
To council; procedure.
The public utilities commission of any statutory city may be abolished or its jurisdiction over any particular utility transferred to the council by following the procedure prescribed in this section.
Subd. 2.
Ballot question if abolition.
The council may, and upon petition therefor signed by voters equal in number to at least 15 percent of the electors voting at the last previous city election shall submit to the voters at a regular or special election the question of abolition of the public utilities commission. The question on the ballot shall be stated substantially as follows: "Shall the public utilities commission be abolished?"
Subd. 3.
Ballot question if transfer.
Upon like presentation of a petition for election on the question of transfer to the council of the jurisdiction of the commission over any one or more of the utilities previously placed under its jurisdiction, the council shall, in the same manner as under subdivision 2, submit the question to the voters. The question on the ballot shall be stated substantially as follows: "Shall jurisdiction over (Name of public utility) be transferred from the public utilities commission to the council?"
Subd. 4.
Time of effect.
If a majority of the votes cast on a proposition submitted to the voters under subdivision 2 or 3 is in the affirmative, the provisions of sections 412.331 to 412.381 shall cease to apply to the city, in the case of an election under subdivision 2, or to the particular utility mentioned in the proposition submitted to the voters, in the case of an election under subdivision 3. Such change shall take place 30 days after the election.
History:
1949 c 119 s 49; 1953 c 735 s 7; 1973 c 123 art 2 s 1 subd 2
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.491 — Parks; Parkways; Recreational Facilities.

412.491 PARKS; PARKWAYS; RECREATIONAL FACILITIES.
Any statutory city may establish, improve, ornament, maintain, and manage parks, parkways, and recreational facilities and by ordinance protect and regulate their use.
History:
1949 c 119 s 61; 1973 c 123 art 2 s 1 subd 2
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.511 — Acquisition And Control Of Park Property.

412.511 ACQUISITION AND CONTROL OF PARK PROPERTY.
Either the park board or the council may acquire land for park purposes but the park board shall have full, absolute, and exclusive control over all property set aside for park purposes.
History:
1949 c 119 s 63; 1973 c 123 art 2 s 1 subd 2
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.521 — Powers Of Board.

412.521 POWERS OF BOARD.
Subdivision 1.
Generally.
In order to carry out the general powers granted in section 412.511, the park board shall have the powers granted in the following subdivisions.
Subd. 2.
Employment.
The park board may employ necessary personnel and fix their compensation.
Subd. 3.
Construction; contracts.
The park board may construct roadways, paths, buildings, fountains, docks, boathouses, bathhouses, refreshment booths, amusement halls, pavilions, and other necessary structures and improvements in parks. The board may, with the consent of the council, make contracts and leases for the construction and operation of these facilities for terms not exceeding ten years. Every such contract and lease shall provide that the structure shall be operated for the public use and convenience, and that the charges shall be reasonable and it shall reserve to the park board power to prescribe reasonable rules and regulations from time to time for the conduct of the privilege.
Subd. 4.
Purchase of supplies; equipment, and services.
The park board may purchase all necessary materials, supplies, equipment, and services.
Subd. 5.
Maintenance.
The park board shall maintain, beautify, and care for park property.
Subd. 6.
Permit club to use navigable waters; limitations.
The park board may lease to private clubs the privilege of occupying limited areas in the bed of any navigable lake adjacent to a park for clubhouse purposes for not more than ten years. No clubhouse shall be so located as to interfere with navigation. Every such lease shall reserve to the board full power and authority to make from time to time reasonable rules and regulations with respect to the use of the leased property. The lessee shall have power to retain the clubhouse for the use of its own members and guests.
Subd. 7.
Entertainment.
The park board may provide musical and free entertainment for the general public.
Subd. 8.
Ice.
The park board may regulate the taking of ice from any pond, lake, or other body of water in any park.
Subd. 9.
Additional powers.
The park board may perform whatever other acts are reasonable, necessary and proper to carry out the powers granted in section 412.511.
History:
1949 c 119 s 64; 1973 c 123 art 2 s 1 subd 2
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.531 — Park Funds.

412.531 PARK FUNDS.
Subdivision 1.
Establishment, transfer; tax levies.
For the purpose of carrying out the powers of the park board there shall be established in the city treasury a special fund to be called a park fund. The council may transfer to the park fund the money it deems necessary for park purposes. No later than September 1 of each year the park board shall present to the council in the detail the council requires its estimate of the financial needs of the board for the ensuing fiscal year. In any county having a population of more than 200,000 the council of any city, whether having a park board or not, may annually levy a tax on all taxable property in the city for park purposes. The proceeds of this tax shall be placed in the park fund.
Subd. 2.
Audit; withdrawals.
The park board shall, in the same manner as the council under section 412.271, subdivision 1, and to the same extent, audit claims to be paid from the park fund. The secretary of the board shall draw an order upon the treasurer for the proper amount allowed by the board. Upon counter signature by the president of the commission and presentation, orders shall be paid by the treasurer.
History:
1949 c 119 s 65; 1951 c 378 s 14; 1971 c 462 s 1; 1973 c 123 art 2 s 1 subd 2; 1973 c 773 s 1; 1986 c 444; 1989 c 277 art 4 s 45; 1994 c 505 art 7 s 1
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.541 — Optional Plans.

412.541 OPTIONAL PLANS.
Subdivision 1.
Optional Plan A.
Any statutory city may provide for the appointment of its clerk and treasurer, or clerk-treasurer and the election of an additional council member as hereinafter provided in this chapter. These departures from the standard form of government are referred to hereafter as Optional Plan A.
Subd. 2.
Optional Plan B.
Any statutory city of more than 1,000 population may provide for the council-manager plan of government hereinafter provided in this chapter and referred to as Optional Plan B.
Subd. 3.
[Repealed, 1967 c 289 s 18]
Subd. 4.
Adoption or abandonment; standard form.
Any one of such plans may be adopted or abandoned in a city by following the procedures set forth in section 412.551. Until the adoption of an optional plan, and except as provided in section 412.572, every city shall operate under the standard form of government earlier provided in this chapter under which the voters elect the treasurer, if there is one, and a council consisting of a mayor, three or five council members, and the clerk or clerk-treasurer.
History:
1949 c 119 s 66; 1965 c 417 s 6,7; 1967 c 289 s 8,9; 1973 c 123 art 2 s 1 subd 2; 1986 c 444; 1989 c 30 s 6
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.561 — Applicable Law; Same Rights, Liabilities, Proceedings.

412.561 APPLICABLE LAW; SAME RIGHTS, LIABILITIES, PROCEEDINGS.
Subdivision 1.
Consistent laws apply.
All laws of the state applicable to a city before the adoption of an optional plan and not inconsistent with the provisions relating to such plan shall apply to and govern the city after the adoption of any optional plan.
Subd. 2.
Ordinances, resolutions.
Any ordinance or resolution in effect at the time of adoption of such plan shall continue in effect until duly amended or repealed, notwithstanding the adoption of such optional plan.
Subd. 3.
Same rights, liabilities, proceedings; exception.
No valid and legally subsisting right or liability and no judicial proceeding shall be affected by any such change of government, unless otherwise provided.
History:
1949 c 119 s 72; 1967 c 289 s 11; 1973 c 123 art 2 s 1 subd 2
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.572 — Conversion To Optional Plan A.

412.572 CONVERSION TO OPTIONAL PLAN A.
Subdivision 1.
Assumption of Plan A.
Except as otherwise provided by this section, on January 1, 1970, every statutory city operating under the standard plan of government shall assume the Plan A form of government as prescribed by chapter 412 in the same manner as if the change to Optional Plan A form of government had been approved by the voters in the manner prescribed by that chapter.
Subd. 2.
Referendum on petition.
Prior to January 1, 1970, the city council may, and upon petition therefor signed by voters equal in number to at least 15 percent of the electors voting at the last previous city election, shall, submit to the voters at a regular or special election the question of adopting Optional Plan A. Subdivision 1 shall not be effective in any city where such an election is held unless a majority of the votes cast on the question in such an election are in the affirmative. If the majority of votes cast on the question are not in the affirmative, such a city shall remain a standard plan city. The question on assuming Optional Plan A shall be that provided by section 412.551, subdivision 2.
Subd. 3.
After January 1, 1970.
Nothing in this section shall prevent an Optional Plan A city from abandoning such plan in the manner provided in section 412.551. Nothing in this section shall prevent any standard plan city from adopting an optional plan after January 1, 1970.
History:
1967 c 289 s 17; 1973 c 123 art 2 s 1 subd 2
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.581 — Officers.

412.581 OFFICERS.
In any city operating under Optional Plan A except a city having a larger council under Minnesota Statutes 1994, section 412.023, subdivision 4, the council shall be composed of five or seven members consisting, except during the initial period of its operation as provided in section 412.571, of the mayor and four or six council members and, except as provided in that section, the clerk and treasurer or clerk-treasurer shall be appointed by the council for indefinite terms.
History:
1949 c 119 s 74; 1965 c 417 s 11; 1967 c 289 s 13; 1974 c 337 s 11; 1986 c 444; 1989 c 30 s 9; 1997 c 7 art 1 s 136; 2016 c 158 art 1 s 183
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.591 — Duties Of Clerk And Treasurer; May Be Combined.

412.591 DUTIES OF CLERK AND TREASURER; MAY BE COMBINED.
Subdivision 1.
Clerk not on council; transition.
The clerk shall perform all the duties imposed on the clerk in cities generally but shall not be a member of the council, except that when Optional Plan A is first adopted in any city, the incumbent clerk shall continue to be a member of the council until the expiration of the term.
Subd. 1a.
If treasurer, duties unchanged.
The duties of the treasurer if that office exists shall not be affected by adoption of Optional Plan A.
Subd. 2.
Combining, uncombining clerk-treasurer.
Cities operating under Optional Plan A may, by an ordinance effective after the expiration of the term of the incumbent treasurer at the date of adoption of Optional Plan A, combine the offices of clerk and treasurer in the office of clerk-treasurer and thereafter the duties of the treasurer as prescribed by this chapter shall be performed by the clerk-treasurer. The offices of clerk and treasurer may be reestablished by ordinance.
Subd. 3.
Audit standards if combined.
(a) If the offices of clerk and treasurer are combined as provided by this section, and the city's annual revenue for all governmental and enterprise funds combined is more than the amount in paragraph (b), the council shall provide for an annual audit of the city's financial affairs by the state auditor or a certified public accountant in accordance with minimum procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the city's annual revenue for all governmental and enterprise funds combined is the amount in paragraph (b), or less, the council shall provide for an audit of the city's financial affairs by the state auditor or a certified public accountant in accordance with minimum audit procedures prescribed by the state auditor at least once every five years, which audit shall be for a one-year period to be determined at random by the person conducting the audit.
(b) For the purposes of paragraph (a), the amount in 2004 is $150,000, and in 2005 and after, $150,000 adjusted for inflation using the annual implicit price deflator for state and local expenditures as published by the United States Department of Commerce.
History:
1949 c 119 s 75; 1961 c 230 s 4; 1965 c 417 s 12; 1973 c 123 art 2 s 1 subd 2; 1973 c 492 s 14; 1986 c 444; 1994 c 546 s 2; 1995 c 27 s 3; 2004 c 281 s 3; 2010 c 191 s 9
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.601 — Applications Of Sections 412.601 To 412.751.

412.601 APPLICATIONS OF SECTIONS 412.601 TO 412.751.
Sections 412.601 to 412.751 shall apply only to statutory cities operating under Optional Plan B.
History:
1949 c 119 s 76; 1973 c 123 art 2 s 1 subd 2
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.611 — Council-manager Plan.

412.611 COUNCIL-MANAGER PLAN.
The form of government provided in Optional Plan B shall be known as the council-manager plan. The council shall exercise the legislative power of the city and determine all matters of policy. The city manager shall be the head of the administrative branch of the government and shall be responsible to the council for the proper administration of all affairs relating to the city.
History:
1949 c 119 s 77; 1973 c 123 art 2 s 1 subd 2
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.621 — Boards And Commissions.

412.621 BOARDS AND COMMISSIONS.
Subdivision 1.
Limit on boards; powers of council.
In any such city there shall be no community health board as defined in section 145A.02, subdivision 5, library board, park board, public utilities commission, or any other administrative board or commission, except for the administration of a function jointly with another political subdivision. The council shall itself be and perform the duties and exercise the powers of the community health board and shall govern and administer the library, parks, and utilities as fully as other municipal functions for the administration of which no independent boards are authorized by statute for cities generally. The council may, however, create boards or commissions to advise the council with respect to any municipal function or activity or to investigate any subject of interest to the city.
Subd. 2.
Transition to city manager; civil service commission.
Any such boards and commissions in existence in any city when Optional Plan B is adopted shall continue to operate in all respects as formerly until the qualification of the first city manager, at which time they shall cease to exist and their powers shall be vested in the city council. Any existing civil service commission shall not be affected by the change. After abandonment of the plan in any such city and the establishment of the standard plan or Optional Plan A, any board or commission authorized by statute in cities generally may be established in the same manner as in other cities.
History:
1949 c 119 s 78; 1973 c 123 art 2 s 1 subd 2; 1987 c 309 s 24; 2015 c 21 art 1 s 109
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.631 — Composition Of Council.

412.631 COMPOSITION OF COUNCIL.
In any city operating under Optional Plan B, the council shall, except as provided in repealed sections 412.023, subdivision 4, and 412.571, be composed of a mayor and four or six council members.
History:
1949 c 119 s 79; 1967 c 289 s 14; 1974 c 337 s 12; 1986 c 444; 1989 c 30 s 10; 1997 c 7 art 1 s 137
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.641 — Manager; Basis For Choice; Residency; Term; Probation.

412.641 MANAGER; BASIS FOR CHOICE; RESIDENCY; TERM; PROBATION.
Subdivision 1.
Appointed by council.
The city manager shall be chosen by the council solely on the basis of training, experience, and administrative qualifications and need not be a resident of the city at the time of appointment.
Subd. 1a.
Probationary year, then due process.
The manager shall be appointed for an indefinite period and may be removed by the council at any time, but after having served as manager for one year the city manager may demand written charges and a public hearing on the charges before the council prior to the date when final removal takes effect.
Subd. 1b.
Hearing demand, procedure.
A demand for written charges and a hearing must be made within seven days of notification of the council's intent to remove the city manager. The council shall set a date and a reasonable time for a public hearing, which must be held within 30 days of the demand and may not be reconvened or recessed until a further date, absent approval of the council. The council shall notify the city manager within five days of the hearing, of the council's decision to retain or remove the city manager. The decision of the council is final.
Subd. 1c.
Suspension; temporary replacement.
Pending such hearing and removal, the council may suspend the manager, with or without pay, at the council's discretion, from office. The council may designate some properly qualified person to perform the duties of the manager during absence or disability.
Subd. 2.
When first manager appointed.
As soon as practicable after the adoption of Optional Plan B in any city, the council shall appoint the first manager under subdivisions 1 to 1c.
History:
1949 c 119 s 80; 1973 c 123 art 2 s 1 subd 2; 1986 c 444; 1993 c 315 s 14
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.651 — City Manager; Powers And Duties.

412.651 CITY MANAGER; POWERS AND DUTIES.
Subdivision 1.
Generally.
The city manager shall have the powers and duties set forth in the following subdivisions.
Subd. 2.
Enforcement.
The city manager shall see that statutes relating to the city and the laws, ordinances and resolutions of the city are enforced.
Subd. 3.
Appointment of personnel.
The city manager shall appoint upon the basis of merit and fitness and subject to any applicable civil service provisions and, except as herein provided, remove the clerk, all heads of departments, and all subordinate officers and employees; but the appointment and removal of the attorney shall be subject to the approval of the council.
Subd. 4.
Control.
The city manager shall exercise control over all departments and divisions of the administration created under Optional Plan B or which may be created by the council.
Subd. 5.
Council meetings.
The city manager shall attend all meetings of the council with the right to take part in the discussions but not to vote; but the council may in its discretion exclude the city manager from any meetings at which the manager's removal is considered.
Subd. 6.
Recommend ordinances and resolutions.
The city manager shall recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the affairs of the city.
Subd. 7.
Advise; annual budget.
The city manager shall keep the council fully advised as to the financial condition and needs of the city and the city manager shall prepare and submit to the council the annual budget.
Subd. 8.
Administrative code.
The city manager shall, when directed to do so by the council, prepare and submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time the city manager shall suggest amendments to such code.
Subd. 9.
Additional duties.
The city manager shall perform such other duties as may be prescribed by the statutes relating to Optional Plan B cities or required by ordinance or resolutions adopted by the council.
History:
1949 c 119 s 81; 1973 c 123 art 2 s 1 subd 2; 1986 c 444
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.661 — Limit On Council Powers.

412.661 LIMIT ON COUNCIL POWERS.
Neither the council nor any of its members shall dictate the appointment of any person to office or employment by the manager, or in any manner interfere with the manager or prevent the manager from exercising judgment in the appointment of officers and employees in the administrative service; but this shall not be construed to prohibit the council from passing ordinances for establishing a merit system governing city employment. Except for the purpose of inquiry, the council and its members shall deal with and control the administrative service solely through the manager, and neither the council nor any of its members shall give orders to any subordinate of the manager, either publicly or privately.
History:
1949 c 119 s 82; 1973 c 123 art 2 s 1 subd 2; 1986 c 444
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.671 — Creation Of Departments; Divisions And Bureaus.

412.671 CREATION OF DEPARTMENTS; DIVISIONS AND BUREAUS.
The council may create such departments, divisions, and bureaus for the administration of the affairs of the city as may seem necessary, and from time to time may alter their powers and organization. It may, in conjunction with the manager, prepare a complete administrative code for the city and enact it in the form of an ordinance, which may be amended from time to time by ordinance.
History:
1949 c 119 s 83; 1973 c 123 art 2 s 1 subd 2
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.681 — Manager Runs City; Offices May Be Joined Or Abolished.

412.681 MANAGER RUNS CITY; OFFICES MAY BE JOINED OR ABOLISHED.
There shall be a clerk, a treasurer, and such other officers subordinate to the manager as the council may create by ordinance. The clerk shall be subject to the direction of the manager and shall have such duties in connection with the keeping of the public records, the custody and disbursement of the public funds, and the general administration of the city's affairs as shall be ordained by the council. The clerk may be designated to act as secretary of the council. The treasurer shall have the powers and perform the duties imposed upon treasurers under the laws relating to cities generally. The council may by ordinance abolish offices which have been created by ordinance and it may combine the duties of various offices as it may deem fit. The council may provide for the performance by the manager of the duties of any officer except the treasurer.
History:
1949 c 119 s 84; 1955 c 867 s 6; 1973 c 123 art 2 s 1 subd 2; 1986 c 444
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.691 — Manager Is Purchasing Agent; Audit And Approval.

412.691 MANAGER IS PURCHASING AGENT; AUDIT AND APPROVAL.
The manager shall be the chief purchasing agent of the city. All purchases for the city and all contracts shall be made or let by the manager when the amount of the purchase or contract does not exceed $20,000 unless a lower limit is provided by the city council; but all claims resulting therefrom shall be audited and approved by the council as provided in section 412.271. All other purchases shall be made and all other contracts let by the council after the recommendation of the manager has first been obtained. All contracts, bonds, and instruments of every kind to which the city is a party shall be signed by the mayor and the manager on behalf of the city and shall be executed in the name of the city.
History:
1949 c 119 s 85; 1959 c 526 s 1; 1973 c 123 art 2 s 1 subd 2; 1992 c 380 s 3; 2004 c 278 s 5
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.701 — Budgeting.

412.701 BUDGETING.
The manager shall prepare the estimates for the annual budget. The budget shall be by funds and shall include all the funds of the city, except the funds made up of proceeds of bond issues, utility funds, and special assessment funds, and may include any of such funds at the discretion of the council. The estimates of expenditures for each fund budgeted shall be arranged for each department or division of the city under the following heads: (1) ordinary expenses (for operation, maintenance, and repairs); (2) payment of principal and interest on bonds and other fixed charges; (3) capital outlays (for new construction, new equipment, and all improvements of a lasting character). Ordinary expenses shall be subdivided into: (a) salaries and wages, with a list of all salaried offices and positions, including the salary allowance and the number of persons holding each; (b) other expenses, with sufficient detail to be readily understood. All increases and decreases shall be clearly shown. In parallel columns shall be added the amounts granted and the amounts expended under similar heads for the past two completed fiscal years and the current fiscal year, actual to date and estimated for the balance of the year. In addition to the estimates of expenditures, the budget shall include for each budgeted fund a statement of the revenues which have accrued for the past two completed fiscal years with the amount collected and the uncollected balances together with the same information, based in so far as necessary on estimates, for the current fiscal year, and an estimate of the revenues for the ensuing fiscal year. The statement of revenues for each year shall specify the following items: sums derived from (a) taxation, (b) fees, (c) fines, (d) interest, (e) miscellaneous, not included in the foregoing, (f) sales and rentals, (g) earnings of public utilities and other public service enterprises, (h) special assessments, and (i) sales of bonds and other obligations. Such estimates shall be printed or typewritten and there shall be sufficient copies for each member of the council, for the manager, for the clerk, and three, at least, to be posted in public places in the city. The estimates shall be submitted to the council and shall be made public. The manager may submit with the estimates such explanatory statement or statements as the manager may deem necessary, and during the first three years of operation under Optional Plan B the manager shall be authorized to interpret the requirements of this section as requiring only such comparisons of the city's finances with those of the previous government of the city as may be feasible and pertinent.
History:
1949 c 119 s 86; 1973 c 123 art 2 s 1 subd 2; 1986 c 444; 1990 c 426 art 1 s 45
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.711 — Consideration Of Budget; Tax Levy.

412.711 CONSIDERATION OF BUDGET; TAX LEVY.
The budget shall be the principal item of business at a regular monthly meeting of the council and the council shall hold adjourned meetings from time to time until all the estimates have been considered. The meetings shall be so conducted as to give interested citizens a reasonable opportunity to be heard. The budget estimates shall be read in full and the manager shall explain the various items thereof as fully as may be deemed necessary by the council. The annual budget finally agreed upon shall set forth in detail the complete financial plan of the city for the ensuing fiscal year for the funds budgeted and shall be signed by the majority of the council when adopted. It shall indicate the sums to be raised and from what sources and the sums to be spent and for what purposes according to the plan indicated in section 412.701. The total sum appropriated shall be less than the total estimated revenue by a safe margin. The council shall adopt the budget by a resolution which shall set forth the total for each budgeted fund and each department with such segregation as to objects and purposes of expenditures as the council deems necessary for purposes of budget control. The council shall also adopt a resolution levying whatever taxes it considers necessary within statutory limits for the ensuing year for each fund. The tax levy resolution shall be certified to the county auditor in accordance with law. At the beginning of the fiscal year, the sums fixed in the budget resolution shall be and become appropriated for the several purposes named in the budget resolution and no other.
History:
1949 c 119 s 87; 1953 c 735 s 8; 1973 c 123 art 2 s 1 subd 2; 1990 c 426 art 1 s 46
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.721 — Budget Enforcement; Personal Liability.

412.721 BUDGET ENFORCEMENT; PERSONAL LIABILITY.
It shall be the duty of the manager to enforce strictly the provisions of the budget. The manager shall not approve any order upon the treasurer for any expenditure unless an appropriation has been made in the budget resolution, nor for any expenditure covered by the budget resolution unless there is a sufficient unexpended balance left after deducting the total past expenditures and the sum of all outstanding orders and encumbrances. No officer or employee of the city shall place any order or make any purchase except for a purpose and to the amount authorized in the budget resolution. Any obligation incurred by any person in the employ of the city for any purpose not authorized in the budget resolution or for any amount in excess of the amount therein authorized shall be a personal obligation upon the person incurring the expenditure.
History:
1949 c 119 s 88; 1953 c 735 s 9; 1973 c 123 art 2 s 1 subd 2; 1986 c 444
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.731 — Modification Of Budget.

412.731 MODIFICATION OF BUDGET.
After the budget resolution has been adopted the council shall have no power to increase the amounts fixed in the budget resolution, by the insertion of new items or otherwise, beyond the estimated revenues unless the actual receipts exceed the estimates and then not beyond the actual receipts. The council may at any time by resolution approved by a four-fifths vote of all the members of the council reduce the sums appropriated for any purpose by the budget resolution or authorize the transfer of sums from unencumbered balances of appropriations in the budget resolution to other purposes.
History:
1949 c 119 s 89; 1953 c 735 s 10; 1974 c 337 s 13
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.741 — Disbursement Of Funds.

412.741 DISBURSEMENT OF FUNDS.
The provisions of section 412.271 shall apply to cities operating under Optional Plan B except that orders shall be signed by the mayor and manager and no order shall be marked not paid for want of funds and except as otherwise provided in this section. Every resolution or motion authorizing a disbursement and every order shall specify the purpose for which the disbursement is made and indicate the fund from which it is to be paid. No order shall be issued until there is money to the credit of the fund from which it is to be paid sufficient to pay the order together with all then outstanding encumbrances upon the fund. The manager shall specify on each contract requiring the payment of money by the city the particular fund out of which the same is to be paid, and shall cause a suitable notation to that effect to be made on each such contract. The council may by ordinance make further regulations for the safekeeping and disbursement of the funds of the city.
History:
1949 c 119 s 90; 1973 c 123 art 2 s 1 subd 2
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.751 — Emergency Debt Certificates.

412.751 EMERGENCY DEBT CERTIFICATES.
If in any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city or if any calamity or any other public emergency should subject the city to the necessity of making extraordinary expenditures, the council may authorize the sale by the city treasurer of emergency debt certificates to run not to exceed two years and to bear interest at not more than seven percent per year. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget for the following year. The authorization of an issue of such emergency debt certificates shall be given by an ordinance approved by all the members of the council.
History:
1949 c 119 s 91; 1974 c 337 s 14
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.831 — Official Newspaper.

412.831 OFFICIAL NEWSPAPER.
The council shall, annually at its first meeting of the year, designate a legal newspaper of general circulation in the city as its official newspaper, in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner.
History:
1949 c 119 s 100; 1973 c 123 art 2 s 1 subd 2
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.851 — Vacation Of Streets.

412.851 VACATION OF STREETS.
The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at, abuts upon, or is adjacent to any public water, written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter. The notice to the commissioner of natural resources does not create a right of intervention by the commissioner. At least 15 days prior to convening the hearing required under this section, the council or its designee must consult with the commissioner of natural resources to review the proposed vacation. The commissioner must evaluate:
(1) the proposed vacation and the public benefits to do so;
(2) the present and potential use of the land for access to public waters; and
(3) how the vacation would impact conservation of natural resources.
The commissioner must advise the city council or its designee accordingly upon the evaluation. After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be recorded with the county recorder. Any failure to file the notice shall not invalidate any vacation proceedings.
History:
1949 c 119 s 102; 1953 c 735 s 12; 1957 c 383 s 1; 1967 c 289 s 15; 1969 c 9 s 85; 1973 c 123 art 2 s 1 subd 2; 1973 c 494 s 11; 1976 c 181 s 2; 1986 c 444; 1989 c 183 s 4; 1990 c 433 s 2; 2005 c 4 s 105; 2005 c 117 s 2
2023 Minnesota Statutes › Chapters 410 - 414 — Cities, Organization › Chapter 412 — Statutory Cities › Section 412.861 — Prosecutions, Violations Of Ordinances.

412.861 PROSECUTIONS, VIOLATIONS OF ORDINANCES.
Subdivision 1.
Complaint.
All prosecutions for violation of ordinances shall be brought in the name of the city upon complaint and warrant as in other criminal cases. If the accused be arrested without a warrant, a written complaint shall thereafter be made, to which the accused shall be required to plead, and a warrant shall issue thereon. The warrant and all other process in such cases shall be directed for service to any police officer, process officer, or court officer of any town or city in the county, to the sheriff of the county, or all of them.
Subd. 2.
Form and contents of complaint.
It shall be a sufficient pleading of the ordinances or resolutions of the city to refer to them by section and number or chapter. They shall have the effect of general laws within the city and need not be given in evidence upon the trial of civil or criminal actions. Judgment shall be given, if for the plaintiff, for the amount of fine, penalty, or forfeiture imposed, with costs; and the judgment shall direct that, in default of payment, the defendant be committed to the county jail for such time, not exceeding 90 days, as the court shall see fit. The commitment shall state the amount of judgment, the costs, and the period of commitment. Every person so committed shall be received by the keeper of the jail and kept, at the expense of the county, until lawfully discharged. The committing court may release the defendant at any time upon payment of the fine and costs.
Subd. 3.
Appeal to court of appeals.
Appeals may be taken to the court of appeals in the manner prescribed by court rule. On appealing, the defendant shall give bond to the city, to be approved by the court, conditioned that, if the judgment be affirmed in whole or in part, the defendant will pay the judgment, and all costs and damages awarded against the defendant on the appeal. In case of affirmance, execution may issue against both defendant and the defendant's sureties. Upon perfection of the appeal, defendant shall be discharged from custody.
History:
1949 c 119 s 103; 1953 c 735 s 13; 1955 c 867 s 7; 1973 c 34 s 5; 1973 c 123 art 2 s 1 subd 2; 1976 c 2 s 132; 1983 c 359 s 66; 1984 c 387 s 2; 1986 c 444; 2005 c 10 art 2 s 4