[ Back ] [ Home ] [ Next ]

City Ordinances

CHAPTER I.       GENERAL PROVISIONS

Section 100.01            THE CODE OF THE CITY OF RED LAKE FALLS, MN

            Subd.   1.         How Code designated and cited.          The provisions embraced in the following chapters and sections shall constitute and be designated “THE CODE OF THE CITY OF RED LAKE FALLS, MINNESOTA, 1989”, and may be so cited.

            Subd.   2.         Amending or adding to Code.               All ordinances passed subsequent to this code which amend, repeal, add new language, or in any way affect this Code shall be numbered in accordance with the number system of this Code and printed for inclusion herein.  Such ordinances shall be incorporated in the Code as of their effective date.  The subsequent ordinances are numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as the Code and subsequent ordinances omitted are re-adopted as a new Code by the City Council.

1. Amendments to any of the provisions of this Code may be made by specific reference to the section number of this Code in the following language: “That section ____ of the Code of Ordinances, City of Red Lake Falls, Minnesota 1987 is hereby amended to read as follows….”  The new provisions may then be set out in full as desired.

2. In the event a new section not heretofore existing in the Code is to be added, the following language may be used: “The Code of Ordinances of the City of Red Lake Falls, Minnesota 1987, is hereby amended by adding a section (subdivision or chapter) to be numbered ___, which section (subdivision or chapter) reads as follows…” The new provision shall then be set out in full as desired.

Subd. 3.           Title headings; cross references.            When an ordinance is integrated into the Code, there may be omitted from the ordinance the title, enacting clause, section numbers, definitions of terms identical to those contained in this Code, the clause indicating date of adoption, and validating signatures and dates.  Chapter, part, section, subdivision and other titles shall not be considered part of the subject matter of this Code but are intended for convenience only and not necessarily as comprehensive titles.

            Subd. 4.           Copies.            Copies of this Code shall be kept in the office of the city administrator for public inspection or sale for a reasonable charge.

Section 100.02            DEFINITIONS

            Subd. 1.           General.           Words and phrases used in this Code shall have the following meanings, unless otherwise specified.

Advice and consent.  Whenever the term “advice and consent” of the City Council

is used in this Code it shall be construed to mean an affirmative vote of the majority of the entire City Council.

                        City.     The words “the city” or “this city” shall mean the City of Red Lake Falls, Minnesota.

                        City Council.    The words “City Council” or “the council” shall mean the City Council of the City of Red Lake Falls, Minnesota.

                        Governing authority or governing body. The words “governing authority” or governing body” shall mean the Mayor and City Council of the City of Red Lake Falls, Minnesota.

                        Mayor.             The word “mayor” shall mean the Mayor of the City of Red Lake Falls, Minnesota.

                        Mayor and Council.      The term “mayor and council” shall mean the Mayor and City Council of the City of Red Lake Falls, Minnesota.

                        Misdemeanor.  The term “misdemeanor” shall mean a violation of the state criminal law punishable by a fine of not more than $1,000.00 or imprisonment for a term not to exceed 90 days or both, plus, in either case, the costs of prosecution.

                        Municipality.  The term “municipality” shall be construed as synonymous with the term “city,” “town,” or “municipality corporation.”

                        Oath.    The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “affirm” and “affirmed” shall be equivalent to the words “swear” or “sworn.”

                        Ordinance.       The words “ordinance” shall mean a legislative act of the municipal governing body of a general and permanent nature.

                        Owner.             The word “owner” when applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

                        Person.             The word “person” shall include a corporation, firm, partnership, association.

                        Personal Property.        The term “personal property” shall include every specie of property except real property, as hereinafter defined.

                        Preceding, following.  The words “preceding” and “following” shall mean next before and next after, respectively.

Property.          The term “property” includes real, personal, and mixed estates and interests.

                        Real property.  The words “real property” shall include lands, tenements, and hereditament.

                        Reasonable time or notice.        Reasonable time or notice shall be deemed to mean only such time as may be necessary for the prompt performance of the act required.

                        Resolution.       The word “resolution” shall mean a legislative act of the municipal governing body of a special or temporary character.

                        Sidewalk.         The word “sidewalk” shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, but shall not include any unimproved areas between the curb line and improved walkways.

                        Signature, subscription. The word “signature” or “subscription” shall include a mark intended as such when the person cannot write.

                        State.   The words “state” or “this state” shall mean the State of Minnesota.

                        Street.  The word “street” shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, alley, viaduct or bridge, and the approaches thereto, within the city.

                        Tenant or occupant.      The word “tenant” or “occupant”, when applied to a building or land, shall include any person holding a written or oral lease of, or who occupies the whole or part of such building or land, either alone or with others.

                        Town.  See Municipality.

                        Week.  The word “week” shall mean seven days.

                        Year.    The word “year” shall mean a calendar year.

Section 100.03.           STATUTORY RULES ADOPTED

The definitions and rules of construction, presumptions, and miscellaneous provisions pertaining to construction contained in Minnesota Statutes, Chapter 645 are herby adopted by reference and made a part of this Code.  As so adopted, references in that chapter to laws and statutes mean provisions of this Code and references to the legislature mean the council.

Section 100.04            EXISTING RIGHTS AND LIABILITIES

The repeal of prior ordinances and the adoption of this Code are not to be construed to affect in any manner rights and liabilities existing at the time of repeal and the enactment of this Code.  Insofar as provisions in this Code are substantially the same as preexisting ordinances, they shall be considered as continuations thereof and not as new enactments.  Any act done, offense committed, or right accruing, or liability, penalty, forfeiture or punishment incurred or assessed prior to the effective date of this code is not affected by the enactment of the Code.

Section 100.05            HEARINGS

            Subd. 1.           General.           Unless otherwise provided in this Code, or by law, every public hearing required by law, ordinance, or resolution to be held on any legislative or administrative matter shall be conducted in accordance with this section.

            Subd. 2.           Notice.             Every hearing shall be preceded by ten days mailed notice to all persons entitled thereto by law, ordinance, or regulation unless only published notice is required.  The notice shall state the time, place and purpose of the hearing.  Failure to give the notice or defects in it shall not invalidate the proceedings if a good faith effort has been made to comply with this subsection.

            Subd. 3.           Conduct of hearing.      At the hearing, each party in interest shall have an opportunity to be heard and to present such evidence as is relevant to the proceeding.  The records to be made, and such other matters as it deems necessary.

            Subd. 4.           Record.            Upon the disposition of any matter after hearing, the council shall prepare a written summary of its findings and decisions and enter the summary in the official council minutes.

Section 100.06            PENALITIES

            Subd. 1.           Petty offenses.  Whenever an act or omission is declared by this Code to be a petty offense or a petty misdemeanor, any person violating the provision shall, upon conviction, be subject to a fine of not more than $300.00.

            Subd. 2.           General misdemeanors. In any other case, unless another penalty is expressly provided in this Code, any person violating any provision of this Code, or any rule or regulation adopted in pursuance thereof, or any other provision of any code adopted in this Code by reference including any provision declaring an act or omission to be a misdemeanor, shall, upon conviction, be subject to a fine of not more than $500.00 or imprisonment for a term not to exceed 90 days or both, plus, in either case, the costs of prosecution.

            Subd. 3.           Separate violations.       Unless otherwise provided, each act of violation and every day on which a violation occurs or continues constitutes a separate offense.

            Subd. 4.           Applications to City personnel.  The failure of any officer or employee of the city to perform an official duty imposed by this Code shall not subject the officer or employee to the penalty imposed for violation unless a penalty is specifically provided for such failure.

Section 100.07.           SEPARABILITY

If any ordinance or part thereof in the Code of the City of Red Lake Falls or hereafter enacted is held invalid or suspended, such invalidity or suspension shall not apply to any other part of the ordinance or any other ordinance unless it is specifically provided otherwise.

CHAPTER II.      OPERATIONS AND ADMINISTRATION

PART 1.     THE COUNCIL

THE CODE OF ORDINANCES OF THE CITY OF RED LAKE FALLS, MINNESOTA 1987, IS HEREBY AMENDED BY ADDING A SECTION TO BE NUMBERED: PART 1. SECTION 201.01

Section 201.01.           ELECTION

            Subd. 1.           Pursuant to Minnesota Statutes Section 205.07, commencing with the 1992 election of the City Council shall be held annually on the first Tuesday after the first Monday in November of each even-numbered year.

            Subd. 2.           Whereby it is necessary adjust terms of office to coincide with state and national elections, the City herby adopts the following terms for the city mayor and council members:

            Mayor:  Shall be elected in fall of 1991, and serve from January 1, 1992 to December 31, 1994 and two years thereafter.

            Councilmember of the First Ward:  Shall be elected in the fall of 1991, and serve from January 1, 1992 to December 31, 1994 and every four years thereafter.

            Councilmember of the Second Ward:  Shall be elected in the fall of 1991, and serve from January 1, 1992 to December 31, 1996 and every four years thereafter.

            Councilmember of the Third Ward:  Shall be elected in the fall of 1991, and serve from January 1, 1992 to December 31, 1996 and every four years thereafter.

            Councilmember at Large:  Shall be elected in the fall of 1991, and serve from January 1, 1992 to December 31, 1996 and ever four years thereafter.

            Councilmember at Large:  Shall be elected in the fall of 1989, and shall serve from January 1, 1990 to December 31, 1994 and every four years thereafter.

Adopted by the council this 26^th day of August, 1991.

Section 201.02            MEETINGS

            Subd. 1.           Regular meetings.  Regular meetings of the council shall be held on the 2^nd and 4^th Monday of each calendar month at 6:30 p.m.  Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place.  All meetings, including special and adjourned meetings, shall be held in the city hall.

            Subd. 2.           Special meetings.          The mayor or any two members of the council may call a special meeting of the council upon at least 24 hours written notice to each member of the council.  This notice shall be delivered personally to each member or shall be left at his usual place of residence with some responsible person.  Similar notice shall be given to Red Lake Falls Gazette and a copy shall be posted on the bulletin board at the city hall, at the city administrator’s office.

            Subd. 3.           Initial meeting.   At the first regular council meeting in January of each year the council shall:

1.       Designate the depositories of city funds;

2.       Designate the official newspaper;

3.       Choose one of the council members as vice mayor, who shall perform the duties of the mayor during the disability or absence of the mayor from the city or, in case of vacancy in the office of mayor, until a successor has been appointed and qualifies;

4.       Appoint such officers and employees and such members of boards, commissions, and committees as may be necessary.

            Subd. 4.           Public meetings.            All council meetings, including special and adjourned meetings and meetings of council committees, shall be open to public.

Section 201.03            PRESIDING OFFICER

            Subd. 1.           Who presides.              The mayor shall preside at all meetings of the council.  In the absence of the mayor, the vice mayor shall preside.  In the absence of both, the city administrator shall call the meeting to order and shall preside until the council members present at the meeting choose one of their number to act temporarily as presiding officer.

            Subd. 2.           Procedure.       The presiding officer shall preserve order, enforce the rules of procedure herein prescribed, and determine without debate, subject to the final decision of the council on appeal, all questions of procedure and order, except as otherwise provided by the statute or by these rules, the proceedings of the council shall be conducted in accordance with ROBERT’S RULES OF ORDER, REVISED.

            Subd. 3.           Appeal procedure.        Any member may appeal to the council from a ruling of the presiding officer.  If the appeal is seconded, the member may speak once solely on the question involved and the presiding officer may explain his ruling, but no other council member shall participate in the discussion.  The appeal shall be sustained if it is approved by a majority of the members present exclusive of the presiding officer.

            Subd. 4.           Rights of presiding officer.         The presiding officer may make motions, second motions, or speak on any question except that on demand of any council member he shall vacate the chair and designate a council member to preside temporarily.

Section 201.04.           MINUTES

            Subd. 1.           Who keeps.      Minutes of each council meeting shall be kept by the city administrator or, in his absence, by the deputy city administrator.  In the absence of both, the presiding officer shall appoint a secretary pro tem.  Ordinances, resolutions, and claims need not be recorded in full in the minutes if they appear in other permanent records of the city administrator and can be accurately identified from the description given in the minutes.

            Subd. 2.           Approval.         The minutes of each meeting shall be reduced to typewritten form, shall be signed by the city administrator, and copies thereof shall be delivered to each council member as soon as practicable after the meeting.  At the next regular council meeting following such delivery, approval of the minutes shall be considered by the council.  The minutes need not be read aloud, but the presiding officer shall call for any additions or corrections.  If there is no objection to a proposed addition or correction, it may be made without a vote of the council.  If there is an objection, the council shall vote upon the addition or correction.  If there are no additions or corrections, the minutes shall stand approved.

Section 201.05            ORDER OF BUSINESS

            Subd. 1.           Order established.        Each meeting of the council shall convene at the time and place appointed therefore.  Council business shall be conducted in the following order:

1.         Call to order

2.         Roll call

3.         Approval of minutes

4.         Public hearings

5.         Petitions, requests, and communications

6.         Ordinances and resolutions

7.         Reports of officers, boards, and committees

8.         Unfinished business

9.         New business

10.     Miscellaneous

11.     Adjournment

Subd. 2.           Varying order.              The order of business may be varied by the presiding officer, but all public hearings shall be held at the time specified in the notice of hearing.

            Subd. 3.           Agenda.           The city administrator shall prepare an agenda of business for each regular council meeting and file a copy in his office not later than 4 days prior to the meeting.  The agenda shall be prepared in accordance with the order of business and copies thereof shall be delivered to each council member and to the Red Lake Falls Gazette as far in advance of the meeting as time for preparation will permit.  No item of business shall be considered unless it appears on the agenda for the meeting or is approved for addition to the agenda by a unanimous vote of the council members present.

Section 201.06.           QUORUM AND VOTING

            Subd. 1.           Quorum.           At all council meetings a majority of all the council members elected shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time and the council may punish nonattendance by a fine not exceeding $50.00 for each absence from any meeting unless a reasonable excuse is offered.

            Subd. 2.           Voting. The votes of the members on any question may be taken in any manner which signifies the intention of the individual members, and the votes of the members on any action taken shall be recorded in the minutes.  The vote of each member shall be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute.  If any member is present but does not vote, the minutes, as to his name, shall be marked “present-Not Voting.” No member shall vote on any appropriation which shall directly benefit that member.

            Subd. 3.           Vote required.  A majority vote of all members of the council shall be necessary for approval of any ordinance unless a larger number is required by Statute.  Except as otherwise provided by statutes, a majority vote of a quorum shall prevail in all other cases.

Section 201.07            ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS, AND COMMUNICATIONS

            Subd. 1.           Reading.           Every ordinance and resolution shall be presented in writing.  Every ordinance shall receive two readings before the council prior to final adoption, but shall not be read twice at the same meeting unless the rules are suspended for that purpose.  An ordinance or resolution need not be read in full unless a member of the council requests such a reading.

            Subd. 2.           Signing and publication proof.   Every ordinance and resolution passed by the council shall be signed by the mayor, attested by the city administrator, and filed by him in the ordinance or resolution book.  Proof of publication of every ordinance shall be attached and filed with the ordinance.

            Subd. 3.           Repeals and amendments.  Every ordinance or resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, if any, and the title of the ordinance or code number of the ordinance or solution to be repealed in whole or in part. Each ordinance or resolution amending and existing ordinance or resolution or part thereof shall set forth in full each amended section or subdivision as it will read with the amendment.

            Subd. 4.           Motions, petitions, communications.  Every motion shall be stated in full before it is submitted to a vote by the presiding officer and shall be recorded in the minutes.  Every petition or other communication addressed to the council shall be in writing and shall be read in full upon presentation to the council unless the council dispenses with the reading.  Each petition or other communication shall be recorded in the minutes by title and filed with the minutes in the office of the city administrator.

Section 201.08            COMMITTEES

            Subd. 1.           Committees designated.            There shall be the following standing committees:

1)      Finance Committee

2)      Personnel Committee

3)      Parks, Trails and Recreation Committee

4)      Economic Development Commission

5)      Planning, Zoning, Streets, and Sidewalk Committee

6)      HRA Board

7)      Airport Committee

8)      Safety – Grounds & Buildings Committee

9)      NW Regional Library

10)  Red Lake County Affordable Housing

11)  Red Lake River Corridor Committee

Committee members shall be appointed by the mayor at the first regular council meeting in January of each year.

            Subd. 2.           Membership.  Each committee shall consist of two members of the council and mayor and the chairman of each committee shall be designated by the mayor.  Each committee member shall serve as appointed unless excused by a majority of the members of the council.  If the committee does not provide otherwise, committee meetings shall be held at the call of the chairman.  The same notice shall be given of committee meetings as for special meetings of the council except that personal notice need not be given to each member if the committee so decides.

            Subd.3.            Referral and reports.     Any matter brought before the council for consideration may be referred by the presiding officer to the appropriate committee or to a special committee appointed by him for a written report and recommendation before it is considered by the council as a whole.  Each committee report shall be signed by a majority of the members and shall be filed with the city administrator prior to the council meeting at which it is to be submitted.  Minority reports may be submitted.  Each committee shall act promptly and faithfully on any matter referred to it.

Section 201.09.           SUSPENSION OR AMENDMENT OF RULES

These rules may be suspended only by a two-thirds vote of the members present and voting.

CHAPTER II.      OPERATIONS AND ADMINISTRATION

Section 201.10            SALARIES OF MAYOR AND COUNCIL MEMBERS.

THAT CHAPTER II.  OPERATIONS AND ADMINISTRATION, SECTION 201.10 SALARIES OF MAYOR AND COUNCIL MEMBERS OF THE ORDINANCES OF THE CITY OF RED LAKE FALLS IS HEREBY AMENDED TO READ AS FOLLOWS:

Section 201.10.           COMPENSATION OF MAYOR AND COUNCIL MEMBERS

Effective January 1, 1995, the salary of the mayor shall be $300.00 per month ($3,600.00 per year) and the salary of each council member shall be $200.00 per month ($2,400.00 per year).  Such pay shall be to perform the duties of office which shall include the following:

a)      Attending the twice-monthly regular council meetings.

b)      Attending informational meetings for which they are not specifically appointed, but attend for informational purposes.

c)      Representing the city at social, civic and developmental programs of concern to the city.

Subd.  1.   SPECIAL MEETINGS (One hour or less):  Council members will also be paid $50.00 for the following types of special meetings of less than one hour of duration:

a)      Special council meetings.

b)      Standing and temporary committee meetings for council persons appointed specifically to that committee.

c)      Formal presentations or speeches whereby minimal time is expended preparing or presenting information.

Subd. 2.  SPECIAL MEETINGS (Longer than one hour):  Council members will also be paid $50.00 for the following types of special meetings of more than one hour in duration.

a)    Special council meetings.

b)   Standing and temporary committee meetings for council persons appointed specifically to that committee.

c)    Formal presentations or speeches whereby the person delivering the presentation is required to spend extensive time preparing and presenting the information.

            Subd. 3.           EXPENSES INCURRED IN DUTY AWAY FROM THE CITY:  The City of Red Lake Falls will pay for expenses away from the City as follows:

a)                Overnight lodging, upon submittal of receipt or verification of expense.

b)               Meals will be paid on the following scale:  breakfast, $6.00; lunch, $9.00; supper, $13.00.

c)                Miscellaneous expenses such as parking, taxis, road tolls, etc.

d)               Automobile mileage is paid at the prevailing IRS rate.  City officials will make a special

                      effort to car pool when attending out of town activities representing the city.

e)                Airfare may be reimbursed upon submittal of receipt or verification of expense.

f)                  Pay for out of town meetings will be made at the rate of $50.00 for meetings of four hours

or less and $100.00 for meetings of more than four hours in duration.  Pay for League of Minnesota Cities Conference meetings attendance will be at the rate of $50.00 per day.

g)                Compensation for travel not to include mileage for meetings of at least 200 miles away

           from Red Lake Falls will be a flat rate of $50.00.

THAT SECTION 201.10 SUBDIVISION 3 OF THE CODE OF ORDINANCES, CITY OF RED LAKE FALLS, MINNESOTA 1987 IS HEREBY AMENDED TO READ AS FOLLOWS:

f)     Pay for out of town meetings will be made at the rate of $50.00 for meetings of four hours or less and $100.00 for meetings of more than four hours.

g)    Pay for Annual League of Minnesota Cities Conference Meeting attendance will be at the rate of $50.00 per day.

h)    Compensation for travel not to include mileage for meetings of at least 200 miles away from Red Lake Falls will be a flat rate of $50.00.

Section 201.11.           COMBINATION OF THE OFFICES OF CITY ADMINISTRATOR AND CITY TREASURER

Pursuant to the authority granted in Minnesota statutes Chapter 331, the offices of City Administrator and City Treasurer for the City of Red Lake Falls are hereby combined into the office of City Administrator-Treasurer.

Section 201.12.           AUDIT OF FINANCIAL AFFAIRS     

There shall be an audit of the City’s financial affairs by the public examiner or a public accountant in accordance with minimum auditing procedures prescribed by the public examiner.  Such audit must be undertaken yearly.

THE CODE OF ORDINANCE OF THE CITY OF RED LAKE FALLS, MINNESOTA 1987 IS HEREBY AMENDED BY ADDING A SECTION TO BE NUMBERED 201.13; WHICH SECTION READS AS FOLLOWS:

Section 201.13            CITY ADMINISTRATOR POSITION

 An ordinance establishing the office and position of City Administrator in the City of Red Lake Falls and defining the duties and responsibilities of the City Administrator.

The City Council of Red Lake Falls, Minnesota does hereby resolve:

                        Subd. 1.           CREATION:  The Office of City Clerk-Treasurer shall be combined into a new office entitled City Administrator.  The duties of the administrator of the City of Red Lake Falls shall include the duties of the City Clerk-Treasurer as delineated in the Minnesota Statutes 412.41 and 412.51 and such other appropriate duties as may be imposed upon the Administrator by the Mayor and City Council hereinafter referred to as City Council.

                        Subd. 2.           APPOINTMENT:  The City Administrator shall be appointed by a majority vote of the City Council and shall serve at the pleasure of the Council.  Removal from the position shall be by affirmative vote of the majority of the members of the City Council.

The selection of the City Administrator shall be based on education and administrative experience, and shall have experience and knowledge in the area of government and/or business administration.

                        Subd. 3.           CONTRACT:  The City Council may enter into such employment agreement with the City Administrator as it shall deem necessary or desirable in order to further implement the appointment of the City Administrator.

                        Subd. 4.           DUTIES:  The City Administrator shall be the Chief Administrative officer for the City and he/she shall be responsible to the City Council for the proper administration of all affairs of the City, which duties shall include the following:

a)    Direct and perform the actual day-to-day supervision and control of the administrative affairs of the city.

b)   Compile and prepare all necessary data and information to aid the City Council in making decisions, assist the City Council in coordinating, administering, and implementing decisions in regard to requests and problems of municipal concerns; research and assist the City Council in developing and recommending solutions thereto coordinating efforts through directives to other departments, other agencies and the general public.

c)    Coordinate enforcement of all laws of the State of Minnesota, City Ordinances and Resolutions in cooperation with the City’s designated law enforcement official, and other appropriate department heads of the City.

d)   Advise and report to the City Council when requested on matters of governmental and public policy and to that end keep informed of the latest administrative practices.

e)    Prepare and recommend to the City Council a single consolidated budget including statements relating to projected revenue, proposed sources of revenue, and all proposed expenditures to be made and obligations incurred by the City in the forthcoming fiscal year.  The city department heads will work with the city administrator in the preparation of the proposed budgets.

f)     Administer all capital improvement projects and services programs as approved by the City Council in conjunction with the appropriate department heads.  The City Council may, in its’ sole discretion, delegate the administrative authority to other department heads as it deems appropriate.

g)    In conjunction with the City Council and the appropriate department heads, establish such administrative policies and procedures as may be necessary to insure the proper and efficient operation of all departments and divisions of the City.  The City Administrator shall, upon prior council direction or approval, issue administrative orders to carry out such policies and procedures consistent with State law, City ordinances and Council policy.

h)    Recommend to the City Council the approval or disapproval of all applications for licenses or permits, in conjunction with the appropriate department heads, after an appropriate investigation of the application.

i)      Stay abreast of development in the public administrative field and cooperate with governmental units and municipalities on matters of mutual interest.

j)     Supervise/manage the conduct of local elections in accordance with the prescribed laws and regulations.

k)   Perform economic development and grant writing activities as assigned by the City Council.

l)      Attend professional development conferences and seminars in an effort to stay abreast of current trends in government and business, with prior council approval.

m)  Performs such other duties as may be required by the City Council.

Subd. 5.           PERSONNEL: The Administrator shall be the personnel officer for the City and responsible for the implementation of the City personnel policies.  The Administrator together with the appropriate department head shall interview all probationary permanent full time employees, and shall make recommendations to the City Council for their hiring, promotion, demotion, or suspension.  Should a department head suspend an employee upon an emergency basis he shall notify the City Administrator within twelve (12) hours of the suspension and the Administrator shall then notify the Council and shall make recommendation to the Council as set forth above.  All final determinations with regard to personnel policies shall be made by the City Council

.

The Administrator shall be responsible for keeping the City Council informed of personnel matters occurring within the City.  The department heads and supervisor shall keep the City Administrator informed of current issues and problems within their respective departments so that he may adequately advise the City Council.

                        Subd. 6.           PURCHASING:          The Administrator shall exercise control over the fiscal expenditures of all departments and divisions of the City and such appropriations as appear in the annual city budget.

                        Subd. 7.           CITY ADMINSTRATOR.  Also CITY CLERK-TREASURER.  The City Administrator shall perform all duties of the City Clerk and the City Treasurer as required by law where the signatures of the City Clerk or City Treasurer is required by law on any document, the execution thereof by the City Administrator shall be deemed required execution thereof by the City Clerk or City Treasurer.

                        Subd. 8.           MEETINGS:    The City Administrator shall attend and participate in discussions at all meetings of the City Council and other official bodies as directed by the City Council.  The Administrator shall represent the City at official functions as directed by the City Council and maintain good public relations with the citizens of the community.

          PART 2.     POLICE DEPARTMENT

Section 202.01.           ESTABLISHMENT

A Police Department is hereby continued.  The head of the department shall be known as the Chief of Police and the number of additional members of the department, together with their ranks and titles, shall be determined by the Council by Resolution.  The compensation to be paid members of the Police Department shall be fixed by the Council.  Members of the department shall be appointed by the City Council.

Section 202.02.           CHIEF OF POLICE

The Chief of Police shall have supervision and control of the police department and its members.  He shall be responsible to the council for law enforcement and for property of the city used by the department.  He shall be responsible for the proper training and discipline of the members of the department.  He shall be responsible for the keeping of adequate records and he shall report to the council on the needs of the department and its work.  Every member of the department subordinate to the chief shall obey the instructions of the chief and any superior officer.  The council shall designate one of the police officers as acting chief, who shall have all the powers and duties of the chief during his absence or disability.

Section 202.03.           DUTIES OF POLICE

Members of the police department shall enforce the ordinances and laws applicable to the city, bring violators before the county court, and make complaints for offenses coming to their knowledge.  Members of the police department shall serve processes on behalf of the city and shall serve such notices as may be required by the council or other authority. When the city is not a party to the proceedings involved in the process or notice, the officer shall collect the same fees as provided by law for town constables.  All such

fees shall be paid into the city treasury.

Section 202.04.           UNIFORMS AND BADGE

Each member of the department shall, while in duty, wear a suitable badge and uniform furnished by the city, except that the chief may authorize the performance of specific duties while not in uniform.  When a member terminates his membership in the department, he shall immediately deliver to the city his badge, uniform, and all other property of the city in his possession.

Section 202.05            CONTRACT WITH RED LAKE COUNTY IN LIEU OF CITY POLICE DEPARTMENT

In lieu of a city established Police Department, the City may contract with Red Lake County for law enforcement services.

PART 3.     FIRE DEPARTMENT

Section 203.01.           FIRE DEPARTMENT CONTINUED

There is hereby continued in this city a volunteer fire department consisting of a chief, two assistant chiefs, a fire marshal, and not fewer than 20 nor more than 30 fire fighters.

Section 203.02.           APPOINTMENT

The chief, the assistant chief, the fire marshal, and fire fighters shall be appointed by the council.  In making such appointments, the council shall take into consideration recommendations of the members of the department.  Each officer and every other member of the department except a probationary fire fighter shall serve during good behavior and may be removed by the council only for cause after a public hearing.

Section 203.03.           DUTIES OF FIRE MARSHAL

The office of Fire Marshal may be held by the chief or by the assistant chief, if the council by resolution approves.  The fire marshal shall be charged with the enforcement of all ordinances aimed at fire prevention.  He shall have full authority to inspect all premises and to cause the removal or abatement of all fire hazards.

Section 203.04.           DUTIES OF CHIEF

The chief shall have control over all the fire fighting apparatus and shall be solely responsible for its care and condition.  He shall make a semiannual report to the council at its meeting in March and September, on the condition of the equipment and needs of the fire department.  He may submit additional reports and recommendations at any meeting of the council, and he shall report each suspension by him of a member of the fire department at the first meeting of the council following such suspension.  He shall be responsible for the proper training and discipline of the members for refusal or neglect to obey orders pending final action by the council or his discharge or retention.

Section 203.05.           RECORDS

The chief shall keep in convenient form a complete record of all fires.  Such a record shall include the time of the alarm, location of fire, cause of fire (if known), type of building, name of owner and tenant, purpose for which occupied, value of building and contents, members of the department responding to the alarm, and such other information as he may deem advisable or as may be required from time to time by the council or state insurance department.

Section 203.06            PRACTICE DRILLS

The chief shall, when the weather permits, hold a monthly practice drill of at least one hour duration for the fire department and shall give or arrange for instruction to the fire fighters in approved methods of fire fighting and fire prevention.

Section 203.07.           ASSISTANT CHIEF

In the absence or disability of the chief, the assistant chief shall perform all the functions and exercise all of the authority of the chief.

Section 203.08.           FIRE FIGHTERS

The assistant chief and fire fighters shall be able-bodied and not less than 18 years of age.  They shall become members of the fire department only after a six months’ probationary period.  The council may require that each candidate, before he may become a probationary fire fighter, must satisfy certain minimum requirements of height, weight, education and any other qualifications which may be specified by the council and that he must pass satisfactorily a mental and physical examination.

Section 203.09.           FIRE WARDENS

The City Council may by resolution provide for the appointment of one or more fire wardens for the City of Red Lake Falls.  The fire warden shall act and serve at the discretion of the City Council.

Section 203.10.           LOSS OF MEMBERSHIP

Absence of any fire fighter from three consecutive drills or calls unless excused by the chief shall be cause for removal from the department.

Section 203.11.           COMPENSATION

The members and officers of the fire department shall receive compensation as follows:

Chief $800.00 per year and:

                                                            $7. per combination drill & meeting.

                                                            $7. per hour for each fire.

Fire Fighters:                                        $7. per combination drill and meeting.

                                                            $7. per hour for each fire.

Probationary Fire Fighters:                    $7. per combination practice drill and meeting.

                                                            $7. per hour for each fire.

Fire Marshal:                                        $0 per year.

Section 203.12.           MINIMUM PAY

In computing for fires and practice drills, one hour shall be considered as the minimum to be paid to any fire fighter or officer.

Section 203.13.           PRESENT MEMBERS

No person who is a member of the fire department at the time of the adoption of this ordinance shall be required to serve a probationary period before becoming a fire fighter.

Section 203.14.           RELIEF ASSOCIATION

The members and officers of the fire department may organize themselves into a fire fighters’ relief association in accordance with law.

Section 203.15.           INTERFERENCE WITH DEPARTMENT

No person shall give or make, or cause to be given or made, a fire alarm without probable cause, or neglect or refuse to obey any reasonable order of the chief at a fire, or interfere with the fire department in the discharge of its duties.

Section 203.16.           AUTHORITY TO FURNISH FIRE PROTECTION OUTSIDE CITY LIMITS

                        Subd. 1.           Authority.         The City Council shall have the authority to enter into contracts with property owners, associations of property owners, insurance companies, and political subdivisions for the purpose of providing fire protection on property owned, leased or represented by such person, persons, organization, residents or citizens of such subdivisions.

                        Subd. 2.           Payment for protection services.  Payment for fire protection outside the city limits shall be the contract rate or a rate prescribed by the City Council.  The rate to be charged shall be that which is fixed by the City Council.

                        Subd. 3.           Protection of City.  Fire apparatus shall not be sent to a location outside the city limits if the Fire Chief or other individual in charge of the fire department at the time of the call or alarm decided that such apparatus is needed for local services.

Section 203.17.           OFFICER IN COMMAND DEPUTIZED

The officer in command at any fire shall have the power to arrest and cause the immediate removal of any disorderly or suspicious person at any fire or any person caught in the act of stealing or unlawfully removing property at such fire.

PART 4.     PLANNING COMMISSION

Section 204.01.           ESTABLISHMENT OF COMMISSION

A city planning commission for the City of Red Lake Falls is hereby established.  The commission shall be the city planning agency authorized by Minnesota Statutes, Section 462.354, Subdivision 1.

Section 204.02.           COMPOSITION

                        Subd. 1.           Membership.  The city planning commission shall consist of seven members.  The city engineer and the city attorney shall be members ex-officio and the City Council shall select one member of the commission from its own membership.  The other four members shall be appointed and may be removed by the council.

                        Subd. 2.           Terms, vacancies, oath.  Of the members of the commission first appointed, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years.  Their successors shall be appointed for terms of four years. Both original and successive appointees shall hold their offices until their successors are appointed and qualified. The terms of ex-officio members shall correspond to their respective official tenures.  Vacancies during the term shall be filled by the council for the unexpired portion of the term. Every appointed member shall before entering upon the discharge of his duties take oath that he will faithfully discharge the duties of his office. All members shall serve without compensation.

Section 204.03.           ORGANIZATION, MEETINGS, ETC.

                        Subd. 1.           Officers.           The commission shall elect a chairman from among its appointed members for a term of one year; and the commission may create and fill such other offices as it may determine. The City Administrator shall act as secretary of the planning commission, but he shall not be a member.

                        Subd. 2.           Meetings, records, reports.       The commission shall hold at least one regular meeting every four months.  It shall adopt rules for the transaction of business and shall keep a record of its resolution, transactions, and findings, which record shall be a public record.  On or before February 15 of each year the commission shall submit to the City Council a report of its work during the preceding calendar year.  Expenditures of the commission shall be within amounts appropriated for the purpose by the City Council.

Section 204.04.           POWERS AND DUTIES OF THE COMMISSION

The planning commission shall have the powers and duties given planning agencies generally by law.  The commission shall also exercise the duties conferred upon it by this ordinance and by the council.  After the commission has prepared and adopted a comprehensive plan, the commission shall periodically but at least once every five years, review the comprehensive plan, any ordinances and any capital improvement program the council has adopted to implement the plan. After such review it shall, to the extent it deems necessary, revise the comprehensive plan, adopt the amendments or the new comprehensive plan, and recommend it to the council in accordance with law.  Similarly, after such review, it shall recommend to the council any amendments it deems desirable to the capital improvement program and any ordinances implementing the plan.

Section 204.05.           ZONING ORDINANCES; PUBLIC HEARINGS

No zoning ordinance or amendment shall be adopted by the council until a public hearing has been held thereon by the planning commission upon notice as provided in Minnesota Statutes, Section 462.357 Subdivision 3.

Section 204.06.           PLATS; APPROVALS

Any subdivision plat submitted to the council for approval shall, prior to final approval, be referred to the planning commission for review and recommendation.  Any plat so referred shall be returned to the council by the commission with its recommendation.  Any plat so referred shall be returned to the council by the commission with its recommendations within 30 days, and failure of the commission to report within that period is deemed to have satisfied the requirements of this section.

          PART 5.     CIVIL DEFENSE AGENCY

Section 205.01.           ACT ADOPTED

The Minnesota Civil Defense Act, Minnesota Statutes, Chapter 12, insofar as it relates to cities, is adopted by reference as part of this ordinance as fully as if set forth explicitly herein.

Section 205.02.           POWER TO ASSIGN RESPONSIBILITY TO COUNTY

In lieu of a city Civil Defense Agency, the City may assign the responsibility for civil defense to the Red Lake County.

Section 205.03.           CIVIL DEFENSE AGENCY

                        Subd. 1.           Agency and director.  There is hereby created within the city government a civil defense and disaster agency which shall be under the supervision and control of a director of civil defense, hereinafter called the director. The director shall be appointed by the mayor for an indefinite term and may be removed by him at any time. He shall serve without salary but shall be paid his necessary expenses.  The director shall have direct responsibility for the organization, administration, and operation of the civil defense agency, subject to the direction and control of the mayor.

                        Subd. 2.           Organization and functions.       The civil bureaus, consistent with state and local defense plans, and as the director deems necessary to provide for the efficient defense emergency.  The agency shall perform civil defense functions within the city and in addition shall conduct such functions outside the city as may be required pursuant to Minnesota Statutes, Chapter 12, or this ordinance.

Section 205.04.           POWERS AND DUTIES OF DIRECTOR

                        Subd. 1.           Intergovernmental arrangements.           With the consent of the mayor, the director shall represent the city on any regional or state organization for civil defense.  He shall develop proposed mutual aid agreements with other political subdivisions within or outside the state for reciprocal civil defense aid and assistance in a civil defense emergency too great to be dealt with unassisted, and he shall present such agreements to the council for its action.  Such agreements shall be consistent with the civil defense plan and during a civil defense emergency, the civil defense agency and with the provisions of such agreements.

            Subd. 2.           Civil defense plan.         The director shall prepare a comprehensive general plan for the civil defense of the city and shall present such plan to the City Council for its approval.  When the council has approved the plan by resolution, all civil defense forces of the city shall perform the duties and functions assigned by the plan.

                        Subd. 3.           Reports.           The director shall prepare and present to the council periodically a report of activities and recommendations.

PART 6.     PERSONNEL POLICY

Section 206.01.           PURPOSE

The purpose is to establish a uniform and equitable system of personnel administration for all employees of the city, however, this policy will only serve as a guide to administrative actions concerning personnel matters.  The council retains full authority to depart from the provisions of this policy.

            Subd. 1.           Intent of personnel policies.       These policies in this manual have been created and implemented by the city and intended to serve only as a guide for employment.  The policies may be amended at any time at the sole discretion of the city.  The provisions of the policies in this manual shall not be interpreted as creating anything other than an at will employment setting, wherein the employee may terminate his/her employment at any time for any reason and the city may terminate the employee at any time for any reason, subject to any restrictions of State and Federal Labor Laws.

                        Subd. 2.           Definitions:

                        Full-Time Position – a group of duties and responsibilities requiring the employment of a person for at least 32 hours per week throughout the year from year to year and which have been defined as permanent full time by the City.

                        Part-Time Position – a group of duties and responsibilities requiring the employment of a person for at least 14 but normally less than 40 hours per week throughout the year, from year to year, and which have been defined as permanent part-time by the City.

                        Probationary Position – a full-time or part time position during the first 12 months of employment with the city or promotion to a new position.  The probationary period may be extended in certain circumstances to enable the immediate supervisor, city administrator, and/or the City Council to observe the employees’ ability to perform the duties of the position.  Performance, skills and ability demonstrated during the probationary period shall be evaluated by the supervisor to recommend or deny continued appointment and merit compensation increases. 

                        Temporary Position – a group of duties and responsibilities requiring the temporary or seasonal employment of a person without regard to the number of hours worked per day or per week by the individual.

                        Subd. 3.           Policies.            They shall apply to all permanent full-time and part-time employees of the city except for the following:

1.      All elected officials

2.      City Attorney

3.      Members of boards and commissions

4.      Consultants and others who render temporary professional services

5.      Volunteer Fire Fighters

6.      Volunteer Ambulance

Table of Contents

A.     Advancements……………………………..                                20

B.      Alcohol and Drug Abuse…………………..                              20

C.     Appointment Procedure………………........                             20

D.     Attendance…………………………............                               20

E.     Automobiles………………………..............                               21

F.     Compensation………………………………                               21-23

1.         Pay Days………………………..                       21

2.         Payroll Deduction………………                      21

3.         Wages…………………………..             21

4.         Overtime………………………..                        21

5.         Outside Work Restrictions……...                    22

6.         Educational Incentive Benefit…..                   22

7.         Severance Pay…………………...                     23

8.         Health and Life Insurance……….                   23

9.         Benefits………………………….                       23

     G.         Data Privacy…………………………………                       23-24

     H.         Dismissal……………………………………                          24-25

     I.           EFOC……………………………………….                          25

     J.          Energy Conservation………………………..                      25

     K.         Holidays…………………………………….                          25

     L.          Injury at Work………………………………                        25

     M.         Layoffs………………………………………                          25

     N.         Leaves of Absence…………………………..                       25-26

                        1.         Leaves without Pay………………                   26

                        2.         Sick Leave……………………….                      26

                        3.         Funeral Leave……………………                     26

                        4.         Family Medical Leave…………                      26-27

                        5.         Jury Duty………………………..                       27

                        6.         Personal Leave………………….                      27

   O.           Probationary Period…………………………                      27

   P.            Residence Requirement…………………......                       27

   Q.           Resignation………………………………….             28

   R.            Retirement…………………………………..                         28

   S.            Right to Appeal Suspension or Dismissal…..                    28

   T.            Safety………………………………………..                          28

   U.           Seniority……………………………………..             29

   V.            Suspensions………………………………….                        29

   W.           Telephone Courtesy………………………….                      29-30

   X.            Vacation……………………………………...                        30

   Y.            Work Schedule……………………………….                       31

   Z.            Signature Page……………………………….                      31

Section 206.02.           ADVANCEMENT AND TRANSFER

Employees will receive instruction and on-the-job experiences which will allow progress to better positions within his/her department and the City.  It is our policy to institute training procedures when possible to enable employees to progress to jobs for which his/her abilities and skills are best suited.

When a position becomes vacant or when a new job is created within the City, strong consideration will be given to present employees who are qualified and for whom transfer to the position would be beneficial to the City.

Section 206.03.           ALCOHOL AND DRUG ABUSE

                        Subd. 1.           General rule.     Any employee found guilty of having in their possession or using controlled substances or alcohol at work will be subject to discipline, up to and including discharge.  This includes liquor found in lockers or in employee’s automobiles.  Employees who report to work under the influence will be dismissed from that days work and subject to immediate discipline.

1.   City may provide chemical dependence counseling if requested by the employee as provided by city policy manual.

2.   The City Administrator may dismiss an employee in violation of this policy after reviewing the recommendation of the employee’s immediate supervisor; such dismissals are temporary, with pay until ratified by the City Council.  In the event of a City Administrator in violation of the policy, it is the responsibility of the Mayor to dismiss the City Administrator; such dismissals are temporary and with pay until ratified by the City Council.

Section 206.04.           APPOINTMENT PROCEDURE

All probationary and regular appointments shall be made by the council on the basis of merit and fitness, and without regard for race, creed, color, age or sex.  Seasonal and temporary appointments will be made by the City Administrator upon approval by the council.

Section 206.05.           ATTENDANCE

Employees are expected to be regular in attendance during all scheduled hours of work.  Unsatisfactory attendance, including reporting late or quitting early, may be cause for disciplinary action.  If employees anticipate being late for any reason, their immediate supervisor should be notified as far in advance as possible.

Section 206.06.           AUTOMOBILES

Personal Auto Expenses – An employee required to use a personal vehicle in the performance of work duties will be compensated at the state rate prevailing at the time.

Use of City Vehicles – City owned vehicles are to be used only for City business. There are no exceptions.

Only City employees will drive City vehicles, and persons other than City employees are allowed as passengers only when it is necessary for conducting City business.

Travel beyond the local area of Red Lake County must be approved and a travel schedule filed with the Administration office so it is known where the vehicle will be at all times.

Section 206.07.           COMPENSATION

All employees of the City shall be compensated according to the wages or salaries established annually by the council; provided, however that the council may change or modify any wages or salary of any employees at any time that it deems it necessary in the interest of good personnel administration.

Any wages or salary so established shall represent the total remuneration for employment, but shall not be considered as reimbursement for official travel or other expenses which may be allowed for the conduct of official business.  Unless approved by the appointing authority, no employee shall receive pay from the municipality in addition to the salary authorized for any position or positions to which he has been appointed.  This shall not operate to prevent employees from working in more than one position when authorized by the council.

                        Subd. 1.           Paydays.            Employees will be paid on a bi-weekly basis.

Should a payday fall on a holiday or weekend, payday will be the preceding day.

No advances will be made before the regular payday except in emergency, and then only with the approval of the City Administrator.

              Subd. 2.            Payroll Deductions.       The City is required to deduct from your check State and Federal income taxes.  We serve as the collection agency and pass the money on to the state and federal government.

If an employee selects dependent coverage under the group insurance plan, their share of the premium will be deducted.

There may be other deductions an employee may obtain as a service at the discretion of the council.

Subd. 3.           Wages.             Employee wages will be set at time of hiring and will be reviewed each year.

Subd. 4.           Overtime.         Employees, except salaried employees, are paid at one and one-half times base pay for all hours worked in excess of a regularly scheduled shift, with the exception of the City Administrator/Developer who are salaried employees.  Changes of shifts do not qualify for overtime.  Employees have an obligation to work overtime or call backs if requested by management unless unusual circumstances prevent them from doing so.  All overtime must be pre-approved by an employee’s immediate supervisor.

Subd. 5.           Outside Work Restrictions.       Employees are not restricted from holding outside employment.  However, the city job must be considered primary employment and other work must be compatible without conflict of interest or schedule.  The City will not condone outside work which interferes with the efficient and effective performance of an employee’s job duties and responsibilities.  Employees are required to report to their immediate supervisor all outside employment in order that determination of compliance with this policy can be made.

Subd. 6.           Educational Incentive Benefits.  Employees may be paid an incentive for completing training with prior council approval that enhances their capacity to perform their job.  A formal request from the employee in writing is required.

THAT SECTION 206.07 SUBDIVISION 6 OF THE CODE OF ORDINANCES, CITY OF RED LAKE FALLS, MN.  1997 IS HEREBY AMENDED TO READ AS FOLLOWS:

Policy:              The City of Red Lake Falls encourages its employees to take advantage of and enroll in job related educational programs and training opportunities to help them improve the performance of their present work assignments and to prepare them for future work assignments and may provide support through financial assistance.

Employees:       Financial assistance equal to 100 percent of the cost of tuition, books, fees, tests and mileage may be approved for eligible employees by the City Administrator. Books are to remain the property of the City unless the employee wishes to purchase them.

Requirements:  

1.       Only full-time employees are eligible (forty hours per week).

2.      The employee must have completed one year of service with the City and have been granted “regular status” by the City Council.

Procedures:

1.      Job related educational programs must be taken from an accredited institution of higher learning or vocational-technical school.

2.       The City Administrator and/or department head decides which courses are job-related.

3.       The City Administrator and/or department head must approve the education program prior to the beginning of any course.  The final decision shall be made by the City Council.

4.       Requests for approval must contain the name of the course, a brief course outline, names of books required, a statement from the employee outlining their own assessment of the job relevancy of the course, and an itemized list of total costs to the City.

5.       The City Administrator and/or department head and City Council should consider the request for educational assistance based on the following:

a.       The nature and purpose of the course of study.

b.      The benefits to be derived by the employee and the City.

c.       The level of responsibility and length of service of the employee.

6.      All course work must be completed on the employee’s own time.  If time off to attend classes during regular working hours is approved by the City Administrator and/or department head, such time must be fully made up at another time approved.

7.      The City will pay the costs for the course in advance to the course starting.  Once paid, employees will be held responsible for those costs if the employee does not receive a grade “C” or better (pass on a pass/fail basis) or satisfactory “S”.

Subd. 7.           Severance Pay. In the event that an employee does not use the full amount of sick leave allowed in any calendar year, the amount not taken accumulates from year to year up to a total of 80 days. Upon leaving the City due to retirement or death, one-half of the unused portion of sick leave is granted as severance pay to the employee or employee’s family.  This policy does not apply to an employee taking early or deferred retirement.

Subd. 8.           Health and Life Insurance.         The City participates with full-time employees for a full single policy per month on a comprehensive hospital and major medical group health insurance.

If an employee terminates employment with the City for any reason other than retirement, he or she may continue the group health care program, at personal expense, until he or she secures new employment or for the number of months as specified by law.

The City provides group term life insurance, with accidental death and dismemberment, in the amount of $10,000.  In addition, an employee has the option to purchase, at his or her own expense, additional life insurance, with accidental death and dismemberment, equal to as much as the next highest even thousand dollars over your annual gross earnings.

Employees in unpaid leaves or absences may retain insurance coverage at personal expense.

                        Subd. 9.           Benefits.           Benefits are provided to all employees classified as permanent full-time and are prorated for full-time employees who work less than 40 hours.

Section 206.08.           DATA PRIVACY

Employee records are maintained in the Administration Office.  Data is kept in individual personnel files, finance office files, personnel office files and computer files. Included is information needed to administer employee benefits and payroll, and to complete required Federal and State reports.  Examples of data are:  address, telephone number, social security number, person to notify in case of emergency, insurance and retirement beneficiaries, marital status, wage history, occupational injury and illness reports, race, sex, job category, and department.  No information is retained unless required for a specific purpose.

The City does not reveal information from an employee’s file without written authorization from the employee.

Employees must notify the City Administrator Office immediately when there is a change in any of the following:

1.    Name (through marriage or otherwise)

2.    Address.

3.    Telephone Number.

4.    Beneficiaries for life insurance and retirement.

5.    Number of Dependents.

6.    Marital Status.

7.    Person for City to contact in case of emergency.

Reference Checks – When an employee leaves the employment of the City he or she may take a form showing the dates of employment, last wage, job title and description, attendance record, and reason for termination.  Also included on the form is an employee’s signed permission to release the information and note to prospective employers giving the name and telephone number to use to verify the accuracy of the data provided.  The City will not respond to telephone reference checks.  Written information will not be released without signed permission to do so.

Section 206.09.           DISMISSAL

Subject to state law on veteran’s preference, and officer or employee subject to the provisions of this manual may be dismissed from municipal service by the City Administrator upon approval of the council.  Grounds for dismissal shall include, but not be limited to the following conditions:

1.      Incompetence or inefficiency in the performance of assigned duties.

2.      Conviction or reasonable cause to conclude that the employee committed a criminal offense involving moral turpitude.

3.      Violation of any lawful or official regulation or order or failure to obey any lawful direction made and given by a superior officer where such violation or failure to obey amounts to an act of insubordination or reasonably might be expected to result in loss or injury to the city or to the public.

4.      Consuming alcoholic beverages on duty or being under the influence of intoxicants including alcohol or drugs while on duty.

5.      Physical or mental defect which in the judgment of the employer incapacitates the employee for the proper performance of the duties of the position.  An examination by a licensed medical doctor may be required.

6.      Wanton use of offensive conduct or language towards the public or city officers or employees.

7.      Carelessness or negligent handling or control of city property or inappropriate disregard for the rights and reasonable expectations of the public from their public servants.

8.      Inducing or attempting to induce an officer or employee of the city to commit an unlawful act or to act in violation of any lawful and reasonable official regulation or order.

9.      Taking any fee, gift, or other valuable thing in the course of work or in connection with it from any person or corporation for personal use when such a gift, fee, or other is given in hope or expectation of receiving a favor or better treatment than that accorded other citizens.

10.  Conduct in private life which brings discredit upon the city service.

11.  Dishonesty in the performance of assigned duties.

Section 206.10.           EEOC

The policy and intent of the City is to provide equal employment opportunity for all persons regardless of race, color, religion, national origin, marital status, political affiliation, status with regard to public assistance, disability, sex, or age.

This policy applies to all aspects of full, part-time and seasonal employment practices including selection, promotion, transfer, compensation, benefits, layoffs, and termination.

Equal employment opportunity problems should be brought to the attention of the City Administrator.

Section 206.11.           ENERGY CONSERVATION

Employees are encouraged to conserve energy, both at home and on the job.  Lights should be turned off in unoccupied areas.  Thermostat settings should be reduced during winter months.  Space heaters are discouraged.  Employees should strive to conserve gasoline by combining trips whenever possible and eliminating unnecessary trips.  Practice gasoline conserving driving practices such as steady acceleration,

eliminating unnecessary idling, and not exceeding the posted speed limit, except in emergencies.

Section 206.12.           HOLIDAYS

Employees receive 11 paid holidays each calendar year as determined by the City Administrator and approved by the council at the annual re-organizational meeting.  These holidays are: New Years Day, Presidents Day, 4^th of July, Memorial Day, Labor Day, Columbus Day, Thanksgiving Day, Day after Thanksgiving, Christmas, Veterans Day, Martin Luther King Day.

Section 206.13.           INJURY AT WORK

In the event an employee is injured and permanently or temporarily disabled while in the line of duty he/she will be covered by workman’s compensation.

The employee must notify their superior immediately or as soon as physically or mentally possible in person, or by telephone, when injured on or off the job.

Section 206.14.           LAYOFFS

The city may lay off any employee whenever such action is made necessary by reason of shortage of work, or funds, the abolition of a position or because of changes in organization, provided however; that two weeks advance written notice shall be given.  However, no permanent employee shall be laid off while there are temporary, provisional or probationary employees serving in the same class or position for which the permanent employee is qualified, eligible, and available.  Length of service in the same class or position shall be given consideration.

Section 206.15.           LEAVES OF ABSENCE

Leave of absence without pay – Upon request, a leave of absence without pay may be granted by the council, taking into consideration good conduct, length of service, efficiency of the employee and the general good of the municipal service.  Such leave of absence shall not exceed a period of ninety (90) days provided that the same may be extended beyond such period if the leave of absence is for continued disability or other good and sufficient reasons, but in no case exceed one year except when the employee is detailed for military service or is disabled for disability incurred while in the service of the city.  No vacation or sick leave benefits shall accrue during a period of leave of absence without pay.

Section 206.16.           SICK LEAVE

Sick leave may be taken on account of sickness or injury, to meet dental appointments, to take physical examinations, or to implement other sickness prevention measures.

Abuse of sick leave will subject the employee to disciplinary action.  It may not be used as a substitute for vacation or time off from a regularly scheduled shift for reasons other than sickness.  Computer records are analyzed each year to determine whether or not employees are abusing sick leave.  Continual abuse of sick leave, after prior warnings and discipline, may result in discharge from employment with the city.

The employee may accumulate sick leave from the first day of employment at a rate of 1 day each month worked, with a maximum allowable accumulation of 80 days.

Proof  required – In order to be eligible for sick leave with pay, an employee must:

1.      Report promptly to his/her department head the reason for his/her absence.

2.      Keep his/her department head informed of his/her condition if the absence is of more than (3) days duration.

3.      Submit medical documentation for an absence exceeding three (3) days if required by the City Council.

Penalty – Claiming sick leave when physically fit except as permitted in this section may result in disciplinary action.

Benefits cease upon termination.  No sick leave benefits of any kind shall be granted upon termination of employment, except as specified in Section 206.17.

Section 206.17.           FUNERAL LEAVE

Sick leave of not more than five (5) days may be taken in the event of a death in your immediate family.  That includes: spouse, child, father, mother, father-in-law, mother-in-law, brother, sister, or other relative living in the same household.

Sick leave of not more than two (2) days may be taken in the event of the death of any other blood relative.

Section 206.18.           FAMILY MEDICAL LEAVE

Pregnancy and any associated medical complications, including recovery, are treated as temporary disabilities for the period in which the employee cannot perform her job.  Written confirmation from a physician is required.

Upon confirmation of pregnancy, the employee must submit a letter of intent to her supervisor stating the expected period in which she will be unable to perform her job.

For that period in which her physician certified in writing that she cannot perform her job, she will be required to use up accrued sick leave and vacation time, after which time she will be placed on an unpaid leave of absence until her physician states that she is medically able to return to work.

Section 206.19.           JURY DUTY

In the case of jury duty or subpoena for witness in court, an employee, other than a police officer, shall receive an amount of compensation which is equal to the difference between employee’s regular pay and compensation paid for jury duty or witness fee.

Section 206.20.           PERSONAL LEAVE

Employees will be allowed (2) days of personal leave each year in lieu of sick leave, with the 48 hours advanced permission of their supervisor.

Section 206.22.           PROBATION

                        Subd. 1.           Purpose.           The probationary period is an integral part of the selection process and shall be utilized for observing the employee’s work, for securing the most effective adjustment of the employee to the position, and for rejecting any employee whose performance does not meet the required work standards.

                        Subd. 2.           Duration.          Every original appointment and every promotional appointment is subject to a probationary period of twelve months after appointment.  Written evaluations will be given at three, six, nine, and twelve months, and copies placed in the employee file.

                        Subd. 3.           Termination.     The appointing authority may terminate a probationary employee anytime during the probationary period if in the appointing authority’s opinion the working test indicates that the employee is unable or unwilling to perform the duties of the position satisfactorily or that his/her habits and dependability do not merit continuance in the position.  The employee so terminated shall be notified in writing of the reasons for the termination and shall not have the right to appeal unless he/she is a veteran, in which case the procedure prescribed in Minnesota Statutes, Section 197.46 shall be followed.

A permanent employee terminated during the probationary period from a position to which he was transferred or promoted and not terminated from the city service as provided in these rules shall be placed on leave of absence without pay. When a vacancy arises in the class from which the employee was promoted or transferred, such employee shall be reinstated to that position.

                        Subd. 4.           Completion.      Immediately prior to the expiration of the probationary period, the department head shall notify the council (manager, administrator, personnel officer) in writing whether or not the services of the employee have been satisfactory and whether or not the employee will be continued.  If the notification states that the employee will be continued, the employee shall become a permanent employee at the end of the probationary period.

Section 206.23.           RESIDENCE REQUIREMENTS

Employees should reside within the city limits.  It shall be the responsibility of the employee to subscribe to phone service, so that rapid and timely communications are possible.

Section 206.24.           RESIGNATION

Any employee wishing to leave the city service in good standing shall notify his/her department head and shall file with the City Administrator at least fifteen (15) days before leaving, a written resignation stating the effective date of the resignation and the reason for leaving.  Failure to comply with this procedure may result in denying such employee future employment by the city and denying terminal leave benefits.

Section 206.25.           RETIREMENT

General Rule.  Every appointed employee of the city shall automatically be retired upon reaching the age of 70 years.

Retention after age 70 – If the City Administrator finds that the interests of the city will be best served by allowing a person to remain in the employ of the city after reaching 70 years of age because his/her services are especially needed or his/her replacement would be especially difficult, he/she may recommend to the council no later than 60 days before the employee’s retirement date that the employee be retained after his/her 70^th birthday.  Unless the council disapproves such retention within three (3) weeks after receipt of the recommendation of the City Administrator, the employee may continue the employment of such person for one year.  Any such employee may be retained for successive one year periods until reaching the age of 75 upon the annual recommendation of the City Administrator and the approval of the council.

Section 206.26.           RIGHT TO APPEAL SUSPENSION OR DISMISSAL

In all cases of suspension and dismissal, except at the end of a probationary period, the reasons for such action must be presented in a dated, written statement to the employee affected.  Upon the employee’s dated, written request to the City Administrator, filed within five (5) working days of receipt of the statement of reasons, an employee shall be granted a hearing before the council, said hearing to be held not later than ten (10) days from the date of filing of a request for hearing.

Section 206.27.           SAFETY

Employees are required, as a condition of employment, to develop safe work habits and to contribute in every manner possible to the safety of his/her self, co-workers, and the general public.  To that end employees are required to:

Immediately report to supervisors all accidents and injuries occurring within the course of employment.  The report must be submitted by the employee’s immediate supervisor to the Personnel Office immediately following the time of the injury.

Immediately report to a supervisor all unsafe practices or conditions observed.

Cooperate with and assist in the investigation of accidents to identify correctable causes and to prevent

re-occurrence.

Actively support and participate in safety promotional and educational measures utilized in department safety programs.

Become familiar with and observe approved safe work procedures for work activities.

The employer will supply the employee a safety handbook with the safety policies of the City.

Section 206.28.           SENIORITY

Seniority is determined by your length of continuous service from the day of hiring.

The employee is not entitled to any duty assignment solely because of seniority.  Seniority may be considered by supervisors in making duty assignments, but no supervisor is required to consider seniority in any matter other than the selection of vacation dates or days off.

Section 206.29.           SUSPENSIONS

                        Subd. 1.           Reasons.          Subject to state law on veteran’s preference, the appointing authority may suspend an employee without pay for disciplinary reasons.  Such suspensions shall not exceed thirty (30) days in any one calendar year.

1.      Incompetence or inefficiency in the performance of assigned duties.

2.      Conviction or reasonable cause to conclude that the employee committed a criminal offense involving moral turpitude

3.      Violation of any lawful or official regulation or order or failure to obey amounts to an act of insubordination or reasonably might be expected to result in loss or injury to the city or to the public.

4.      Consuming alcoholic beverages on duty or being under the influence of intoxicants including alcohol or drugs while on duty.

5.      Physical or mental defect which in the judgment of the employer incapacitates the employee for the proper performance of the duties of the position.  An examination by a licensed medical doctor may be required.

6.      Wanton use of offensive conduct or language towards the public or city officers or employees.

7.      Carelessness or negligent handling or control of city property or inappropriate disregard for the rights and reasonable expectations of the public from their public servants.

8.      Inducing or attempting to induce an officer or employee of the city to commit an unlawful act or to act in violation of any lawful and reasonable official regulation or order.

9.      Taking any fee, gift, or other valuable thing in the course of work or in connection with it from any person or corporation for personal use when such  a gift, fee, or other is given in the hope or expectation of receiving a favor or better treatment than that accorded other citizens.

10.  Conduct in private life which brings discredit upon city service.

11.  Dishonesty in the performance of assigned duties.

Section 206.30.           TELEPHONE COURTESY

Whenever an employee uses the telephone, he/she “becomes the City” by what he/she says and how he/she says it.  When a voice is warm and friendly, courteous and tactful, citizens will enjoy dealing with the City.

When employees receive a call……

                        Answer promptly with a smile

                        Identify the department

                        Explain when you leave the line, and return promptly – transfer calls only when necessary

                        Terminate calls courteously

                        Give “tactful” explanations for your co-worker’s absence from the office

                        Take accurate messages

When employees place a call….

                        Be sure of the number

                        Plan your call in advance

                        Identify yourself

Section 206.31.           VACATION

                        Subd. 1.           Accumulation.               Each permanent employee shall earn vacation leave on the following basis:

                        Years of Service.

                        1 year – Employees shall receive no vacation during the first six month probationary period.  Upon the six month anniversary date employees shall receive 40 hours and accumulate 3.08 hours per bi-weekly pay period thereafter to a maximum of 80 hours.

                        Beginning in the second year through completion of the 9^th year employees shall receive 3.08 hours per bi-weekly pay period which is a maximum of 80 hours per year.

Beginning in the 10^th year through completion of the 14^th year, employees shall receive 4.62 hours per bi-weekly pay period which is a maximum of 120 hours per year.

                        Beginning in the 15^th year and thereafter employees shall accumulate 6.15 hours per bi-weekly pay period which is a maximum of 160 hours per year.

You can accumulate a maximum of 160 hours of vacation. After the first year on the job, you must take at least 40 hours of vacation during each calendar year.  Vacation schedules are approved by management.

                        Subd. 2.           Taking of time.  Vacation leave may be used as earned, provided that the City Administrator shall approve the time at which the vacation leave may be taken.  No employee shall be allowed vacation leave until after completion of the initial probationary period.

                        Subd. 3.           Severance.       Any employee leaving city service with good standing after giving proper notice of such termination of employment, may be compensated for vacation leave accrued and unused to the date of separation or may be required to take the time off.  Accumulated vacation pay is computed to the nearest day based on the hourly wage at the time of termination.

                        Subd. 4.           Waiving vacation prohibited.     No employee shall be permitted to waive accumulated vacation time for the purpose of monetary compensation in lieu thereof.

Section 206.32.           WORK SCHEDULE

The normal work year is 2,080 hours which you must account for through:

1.           Scheduled hours of work.

2.           Paid leave time.

3.           Roll Call.

4.           Training.

5.           Special Assignments.

The average scheduled work week is 40 hours.  During the summer months the City may at the City Administrator’s discretion elect to have City employees work four ten hour days per week.  On weeks in which a holiday occurs, employees will work four eight hour days.

Section 206.33.           SIGNATURE

I  _______________________ have received and reviewed the current personnel policy of the City of Red Lake Falls dated _________________.  I understand the policy and know that if I have any questions regarding it, the employee has the responsibility to ask his/her supervisor for clarification.  If in the event no satisfaction is received, a request in writing may be made to the City Administrator.

PART 7.     ABANDONED PROPERTY

Section 207.01.           ABANDONED MOTER VEHICLES

                        Subd. 1.           Impoundment and sale. The Red Lake Falls Police Department or the Red Lake County Sheriff’s Department shall take into custody and impound any abandoned motor vehicle as defined by Minnesota Statutes, Section 168 B.02, Subdivision 2.  It shall give notice of the taking as provided by law and if the owner or any ringleader does not reclaim the vehicle within the period provided by law, it shall provide for the sale of the vehicle to the highest bidder at a public auction or sale following two weeks published notice.

                        Subd. 2.           Summary action in certain cases.           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 under Subdivision 1 and shall not be subject to the notification, reclamation, or title provisions of Minnesota Statutes 168 B.01 to 168 B.13.

                        Subd. 3.           Disposition of proceeds.           The proceeds of the sale of an abandoned motor vehicle shall be placed in the general fund of the city.  If the former or entitled lien holder makes application and furnishes satisfactory proof of ownership or lien interest within 90 days of the sale, he shall be paid the proceeds of the sale of the vehicle less the cost of towing, preserving, and storing the vehicle and all administrative notice and publication costs incurred in its handling.

Section 207.02.           OTHER ABANDONED PROPERTY

                        Subd. 1.           Procedure.       All other property lawfully coming into the possession of the city shall be disposed of as provided in this section.

                        Subd. 2.           Storage.           The department of the city acquiring possession of the property shall arrange for its storage.  If city facilities for storage are unavailable or inadequate, the department may arrange for storage at privately owned facilities.

                        Subd. 3.           Claim by owner.           The owner may claim the property by exhibiting satisfactory proof of ownership and paying the city any storage or maintenance costs incurred by it.  A receipt for the property shall be obtained upon release to the owner.

                        Subd. 4.           Sale.     If the property remains unclaimed in the possession of the city for 90 days, the property shall be sold to the highest bidder at a public auction conducted by the County Sheriff or designated official of the city after two weeks published notice setting forth the time and place of the sale and the property to be sold.

                        Subd. 5.           Disposition of proceeds.           The proceeds of the sale shall be placed in the general fund of the city.  If the former owner makes application and furnishes satisfactory proof of ownership within six months of the sale, he shall be paid the proceeds of the sale of his property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale.

PART 8.     AMBULANCE DEPARTMENT

Section 208.01.           DEFINITIONS

                        Subd. 1.           General.           Words and phrases used in this Code shall have the following meaning, unless otherwise specified.

                        Ambulance.      The word “ambulance” shall mean a vehicle designed or intended to be used in providing transportation of wounded, injured, sick, invalid, incapacitated persons, or expectant mothers.

                        Ambulance service.       The words “ambulance service” means the transportation for a wounded, injured, sick, invalid, or incapacitated person or expectant mother which is regularly provided, or offered to the provided, to the public by a public or private agency or by any person.

                        License.            The word “license” shall mean the authority granted by the State Board of Health for the operation of ambulance services.

                        Operator.         The word “operator” shall mean those persons who are qualified under the laws of Minnesota to operate an ambulance service.

Section 208.02.           AMBULANCE DEPARTMENT

The Council may, by resolution establish an Ambulance Department.  The Ambulance Department is hereby granted authority to contract to provide ambulance and emergency service outside the city of Red Lake Falls if so required.

Section 208.03.           LICENSING

The Ambulance Department, or if a contract is made with a nonprofit organization under Section 208.05, then such organization shall provide ambulance services to meet the requirements of this part and licensing requirements of Minnesota Statute 144.902.

Section 208.04.           STANDARDS

                        Subd. 1.           Qualifications.               Any operator, driver, or assistant accompanying such operator or driver shall possess a current certification as required by Minnesota Statutes.

                        Subd. 2.           Equipment.                   Every ambulance, when in service, shall be equipped with and carry the minimal equipment recommended by the American College of Surgeons.

                        Subd. 3.           Service hours.               All ambulances offering emergency services shall operate on a 24 hour basis every day of the year.

                        Subd. 4.           Automatic safety equipment.  Every ambulance shall conform to any statutes of regulatory authority vested in the Department of Highway concerning automotive equipment and safety requirements.

                        Subd. 5.           Driver’s license.            Any person driving an ambulance shall have, in his or her possession, a valid Minnesota driver’s license.

                        Subd. 6.           Police emergency vehicle.         Nothing in this section shall prevent the operation of a police emergency vehicle.

Section 208.05.           CONTRACT WITH NONPROFIT ORGANIZATION IN LIEU OF AMBULANCE DEPARTMENT         

In lieu of a city established Ambulance Department, the City may contract with any nonprofit organization within the City of Red Lake Falls organized to operate ambulances and provide ambulance services.

Section 208.06.           PENALTY

Any person who violates any provision of this Part will be subject to a fine of not more than $1,000.00 or 90 days in jail, or both.

PART 9.     ELECTIONS

THAT SECTION 209.01 OF THE CODE OF ORDINANCE, CITY OF RED LAKE FALLS, MINNESOTA 1987 IS HEREBY AMENDED FEBRUARY 24, 1992 TO READ AS FOLLOWS:

Section 209.01.           ELECTION WARDS

The City of Red Lake Falls is hereby divided into three election wards, to be described as follows:

            FIRST WARD:  All that part of the City of Red Lake Falls which lies East of Marshall Avenue N.E. beginning at the northerly city limits and Marshall Avenue N.E. thence along the center line of the Red Lake River northerly and easterly to the East City limits; thence southerly along the East City limits to the center line of the Clearwater River; thence westerly and northerly along the centerline of the Clearwater River to Bridge Street N.E. thence northerly along the center line of Marshall Avenue N.E. to the point of beginning.

            SECOND WARD:  All that part of the City of Red Lake Falls which lies North of Fourth Street South and is bounded by the West City Limits and on the North by the centerline of the Red Lake River and the North boundary of the City limits extended easterly to Marshall Avenue N.E. thence south along the centerline of Marshall Avenue N.E. to the centerline of Bridge Street N.E.; thence westerly to the centerline of the Clearwater River to the centerline of Fourth Street S.E. and all that part of the City of Red Lake Falls which lies South of 4^th Street South and West of Falls Avenue.

            THIRD WARD:  All that part of the City of Red Lake Falls which lies South of Fourth Street and East of Falls Avenue in the City of Red Lake Falls.

PART 9.          ELECTIONS (Before being revised 2/24/92)

Section 209.01             ELECTION WARDS

The City of Red Lake Falls is hereby divided into three election wards, to be described as follows:

            FIRST WARD:  Beginning at the westerly City limits and Ninth Street N.E., thence following the City limits northerly and easterly to the West Boundary of Government Lot 8 and the center line of the Red Lake River; thence along the center line of the Red Lake River northerly and easterly to the East City limits; thence southerly along the East City limits to the center line of the Clearwater River; thence westerly and northerly along the centerline of the Clearwater River to Bridge Street N.E.; thence northerly along the center line of Marshall Ave. N.E. to Ninth Street N.E.; thence westerly along Ninth Street N.E. to the City Limits, the point of beginning.

            SECOND WARD:  All that part of the City of Red Lake Falls which lies North of Fourth Street South and is bounded by the West City limits on the North by the center line of the Red Lake River and the North Boundary of the City limits extended easterly to Ninth Street N.E. and along the center line of Ninth Street N.E. to the center line of Marshall Ave. N.E. thence South to the center line of Bridge Street N.D., thence westerly to the center line of the Clearwater River to the center line of Fourth Street S.E.

            THIRD WARD:  All that part of the City of Red Lake Falls which lies South of Fourth Street South.

PART 10.            FINANCE

Section 210.01.           PAYMENT OF FINES, FORFEITURES AND PENALTIES INTO CITY TREASURY

All fines, forfeitures, and penalties recovered for the violation of any ordinance of the City of Red Lake Falls shall be paid into the City Treasury by the court or officer receiving such moneys.  Payment shall be made in the manner at the time provided by applicable law.

CHAPTER III.     STREET, PARK, PUBLIC PROPERTY AND IMPROVEMENTS

PART 1.               STREET EXCAVATIONS

Section 301.01.           PERMIT REQUIRED

No person, except an authorized city employee or contractor performing work under a contract with the city, shall make any excavation in a street, alley, sidewalk, or public ground without first having secured a permit therefore from the City Administrator’s Office.  The fee for such a permit shall be $10.00 for each location covered by the permit, but no fee shall be required for an excavation made pursuant to a permit for sewer or water construction.

Section 301.02.           APPLICATION AND REGULATIONS

The City Administrator’s Office shall prepare the necessary forms and permits required under section 301.01.  He shall also prepare such rules and regulations with respect to excavations as he finds necessary to protect the public from injury, prevent damage to public or private property, and minimize interference with the public use of streets, alleys, sidewalks, and public grounds.  Any person making an excavation covered by this section shall comply with such rules and regulations.

Section 301.03.           BOND

Any permittee except a public utility corporation or a bonded plumber shall file with the City Administra-

tor’s Office a corporate surety bond in the amount of $1,000.00 or the estimated repair cost, whichever is greater conditioned that the permittee will:

1. Perform work in connection with the excavation in accordance with applicable ordinances and regulations:

2. Indemnify the city and hold it harmless from all damage caused in the execution of such work; and

3. Pay all costs and damages suffered by the city by reason of the failure of the permittee to observe the terms of applicable ordinances and regulations or because of negligence in the execution of the work.

The bond shall be approved as to form and legality by the city attorney.

Any permittee except a public utility corporation shall furnish proof that the permittee has in existence an insurance policy protecting him from liability to the public, including the city, to an amount equal to the maximum claim the city might be required to pay under Minnesota Statutes, Chapter 466.

Section 301.04.           GENERAL REGULATIONS FOR EXCAVATIONS

Street opening shall be made in a manner that will cause the least inconveniences to the public.  Provisions shall be made for the passage of water along the gutters and at least one-half of the traveled portion of the street shall be left open and in good condition for the safe passage of vehicles.  Open excavations shall be guarded with substantial barriers and marked with red flags and at night with red lights or flashing devices.  Pipes or mains exposed to freezing temperatures shall be protected so as to prevent freezing.  Any person responsible for exposing a city main or pipe so that it might be damaged by freezing shall be liable to the city for all damages caused by such freezing and all damages sustained by others such freezing for which the city may be liable.

Section 301.05.           REFILLING EXCAVATIONS

Every street excavation shall be refilled as soon as possible after the work is completed and paving, sidewalks, and appurtenances shall be replaces in at least as good condition as before the excavation to the satisfaction of the City Administrator or other designated person.  All dirt and debris shall be removed immediately.  Any person who fails to comply with these requirements within 24 hours after notice from the city shall be liable to the city for the full cost incurred by the city in remedying the defect and restoring the street, sidewalk, alley, or public ground it its proper condition.  The cost shall be an obligation of the surety on the Bond.

Section 301.06.           MAP OF SUBSURFACE INSTALLATIONS

The City Hall maintains a map showing the location of all utility and other installations made beneath the surface of any public street, grounds or right of way.   The information on the map shall be sufficiently complete and accurate to permit any one making an excavation in a public place having any underground installation to avoid damage to any existing underground installation and to properly locate any new underground facilities and shall be recorded on the map as soon as practicable upon the issuance of an excavation permit or the completion of a contract for the installation of City underground installations.

PART 2.     ASSESSABLE CURRENT SERVICES; OBLIGATIONS OF PROPERTY OWNERS AND OCCUPANTS

Section 302.01.           DEFINITION

The term “current service” as used in this ordinance means one or more of the following: snow, ice, or rubbish removal from sidewalks; weed elimination from street grass plots adjacent to sidewalks or from private property; removal or elimination of public health or safety hazards from private property, excluding any hazardous building included in Minnesota Statutes, Sections 463.15 to 463.26; installation or repair of water service lines; street sprinkling, street flushing, light street oiling, or other dust treatment of streets; repair of sidewalks and alleys; trimming and care of trees and removal of unsound and insect infected trees from the public streets or private property; and the operation of a street lighting system.

Section 302.02.           SNOW, ICE, DIRT AND RUBBISH

                        Subd. 1.           Duty of owners and occupants.  The owner and the occupant of any property adjacent to a public sidewalk may use diligence to keep such walk safe for pedestrians.  No such owner or occupant shall allow snow, ice dirt, or rubbish to remain on the walk longer than 36 hours after its deposit thereon.

                        Subd. 2.           Removal by city.           The designated official shall remove from all public sidewalks all snow, ice, dirt and rubbish as soon as possible beginning 36 hours after any such matter has been deposited thereon or after the snow has ceased to fall.  He shall keep a record showing the cost of such removal adjacent to each separate lot and parcel and shall deliver such information to the City Administrator.

Section 302.03.           WEED ELIMINATION

                        Subd. 1.           Weeds as a nuisance.    Any weeds, whether noxious as defined by law or not, growing upon any lot or parcel of land outside the traveled portion of any street or alley in the City of Red Lake Falls to a greater height than 6 inches or which have gone or are about to go to seed are a nuisance.  The owner and the occupant shall abate or prevent such nuisance on such property and on land outside the traveled portion of the street or alley abutting on such property.

                        Subd. 2.           Notice.             On or before June 1 each year and at such other times as ordered by resolution of the council, the City Administrator shall publish once in the official newspaper a notice directing owners and occupant of property within the city to destroy all weeds declared by Subdivision 1 to be a nuisance and stating that if not so destroyed within ten days after publication of the notice, the weeds will be destroyed by the weed inspector (street commissioner or other designated official) at the expense of the owner and that if not paid, the charge for such work will be made a special assessment against property concerned.

                        Subd. 3.           Removal by city.           If the owner or occupant of any property in the city fails to comply with the notice within ten days after its publication, the City or designated person (street commissioner or other designated officials) shall cut and remove such weeds.  He shall keep a record showing the cost of such work attributable to each separate lot and parcel and shall deliver such information to the City Administrator.

Section 302.04.           PUBLIC HEALTH AND SAFETY HAZARDS

When the city removes or eliminates public health or safety hazards from private property under city ordinance, the administrative officer responsible for doing the work shall keep a record of the cost of such removal or elimination against each parcel of property affected and annually deliver such information to the City Administrator.  This section does not apply to hazardous buildings under hazardous building law, Minnesota Statutes, Section 463.15 to 463.26.

Section 302.05.           INSTALLATION AND REPAIR OF WATER SERVICE LINES

Whenever the city install or repairs water service lines serving private property under Chapter IV of this code, the designated official shall keep a record of the total cost of the installation or repair against the property and deliver such information to the City Administrator annually by August 15 as to each parcel of property on which the cost has not been paid.

Section 302.06.           REPAIR OF SIDEWALKS AND ALLEYS

                        Subd. 1.           Duty of owner. The owner of any property within the city abutting a public sidewalk or alley shall keep the sidewalk or alley in repair and safe for pedestrians.  Repairs shall be made in accordance with the standard specifications approved by the council and on file in the office of the City Administrator.

                        Subd. 2.           Inspections: notice.       The designated official shall make such inspections as are necessary to determine that public sidewalks and alleys within the city are kept in repair and safe for pedestrians or vehicles.  If he finds that any sidewalk or alley abutting on private property is unsafe and in need of repairs, he shall cause a notice to be served, by registered or certified mail or by personal service, upon the record owner of the property and the occupant, if the owner does not reside within the city or cannot be found therein, ordering such owner to have the sidewalk or alley repaired and made safe within 15 days and stating that if the owner fails to do so, the designated official will do so on behalf of the city, that the expense thereof must be paid by the owner, and that if unpaid it will be made a special assessment against the property concerned.

                        Subd. 3.           Repair by city.              If the sidewalks or alley is not repaired within 15 days after receipt of the notice, the designated official shall report the facts to the council and the council shall by resolution order the designated official to repair the sidewalk or alley and make it safe or order the work done by contract in accordance with law.  The (street commissioner or other official) shall keep a record of the total cost of the repair attributable to each lot or parcel of property and report such information to the City Administrator.

Section 302.07.           STREET SPRINKLING, STREET FLUSHING, TREE CARE, ETC.

                        Subd. 1.           Proposed projects.       The council shall each year determine by resolution what streets and alleys shall be sprinkled or flushed, oiled, or given other dust treatment during the year and the kind of work to be done on each.  The council shall also determine by resolution from time to time the streets on which trees shall be trimmed and cared for, the kind of work to be done, and what unsound trees shall be removed.  Before any work is done pursuant to either of these resolutions, the city administrator shall, under council’s direction, publish notice that the council will meet to consider such projects.  Such notice shall be published in the official newspaper at least once no less than two weeks prior to such meeting of the council and shall state the date, time, and place of such meeting, the streets affected and the particular projects proposed, and the estimated cost of each project, either in total or on the basis of the proposed assessment per front foot or otherwise.

                        Subd. 2.           Hearing; order. At such hearing or at any adjournment thereof, the council shall hear property owners with reference to the scope and desirability of the proposed projects.  The council shall thereupon adopt a resolution confirming the original projects with such modifications as it considers desirable and shall provide for the doing of the work by day labor through the designated official or by contract.

The designated official shall keep record of the cost and the portion of the cost properly attributable to each lot and parcel of property abutting on the street or alley on which the work is done and shall report such information to the City Administrator.

Section 302.08.           PERSONAL LIABILITY

The owner of property on which or adjacent to which a current service has been performed shall be personally liable for the cost of such service.  As soon as the service has been completed and the cost determined, the City Administrator, or other designated official shall prepare a bill and mail it to the owner and thereupon the amount shall be immediately due and payable at the office of the City Administrator.

Section 302.09.           ASSESSMENT

On or before September 1 of each year, the City Administrator shall list the total unpaid charges for each type of current service against each separate lot or parcel to which they are attributable under this ordinance.  The council may then spread the charges against property benefited as a special assessment under Minnesota Statutes, Section 429.01 and other pertinent statutes for certification to the county auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the council may determine in each case.

PART 3.     LOCAL IMPROVEMENT POLICY

Section 303.01.           CUTOFF DATE FOR PETITIONS

No petition for construction of capital improvements shall be accepted or acted upon by the council unless it is filed with the City Administrator on or before September 1 of the year prior to the year of requested construction.

Section 303.02.           CLASSIFICATION OF PROJECTS

                        Subd. 1.           In general.        Public improvements are divided into the three classes specified in the following subdivisions according to their respective benefit to the whole city and to property specifically served by the improvement and taking into account past city practice.

                        Subd. 2.           CLASS A.       Class A improvements are those which are of general benefit to the city at large, including (1) public buildings, except a building which is part of an improvement described in one of the following subdivisions; (2) any public part, playground, or recreational facility; (3) the installation and maintenance of street lighting systems; and (4) any improvement not described in Minnesota Statutes, Section 429.021, Subdivision 1.  Any such improvement shall be financed from general city funds and not from special assessments.

                        Subd. 3.           CLASS B.       Class B improvements are those which are of both general benefit and special benefit to abutting or nearby property.  Class B improvements include: (1) major trunk water mains, (2) major trunk sanitary sewer mains, (3) permanently surfacing arterial streets; (4) storm sewers; (5) the construction of off –street parking facilities.

                        Subd. 4.           CLASS C.       Class C improvements are those which are primarily, if not exclusively of benefit to property abutting or in the area of the improvement, including (1) the construction of sidewalks; (2) the construction of water mains, (3) the construction of sanitary sewer mains, (4) the construction of curbs and gutters; (5) grading, graveling, oiling, and applying nonpermanent surfacing to streets; (6) permanently surfacing residential streets; (7) the abatement of nuisances and the draining of swamps, marshes and ponds on public or private property and filling the same.

Section 303.03.           FINANCING CLASS B AND C IMPROVEMENTS

It is the policy of the city to finance Class B and C improvements by the methods prescribed in Sections 303.04, 303.05, and 303.06.  The apportionment of the cost between benefited property and the city at large and the method of levying assessments prescribed in those sections shall be followed in each case unless the council, by resolution, finds that because of special circumstances stated in the resolution a different policy is necessary or desirable in the particular case.  Any local improvements described in Minnesota Statutes, Section 429.02 and not placed in Class A, B or C by Section 303.02 shall be financed as the council determines to be most feasible and equitable in each case.

Section 303.04.           ASSESSMENT REGULATIONS FOR CLASS B IMPROVEMENTS

                        Subd. 1.           Trunk water mains and sanitary sewers.  When a water or sewer main is laid

across or adjacent to un-platted property, the city shall not defer the assessment against the un-platted property if the assessment would be made for such an improvement in the case of platted property, but the city shall make the assessment payable over ten years at the time the assessment against other property is made, apportioning the assessment against the un-platted property on the basis of area.  When a trunk sewer or water main is constructed and is to serve also as a lateral sewer or water main for abutting property, the abutting property shall be assessed for the cost of a lateral sewer or water main plus its proportionate share of the excess capacity.  Other property benefited by the trunk sewer or water main but unable to utilize it until a lateral connected to the trunk sewer or water main has been built to serve the property shall not be assessed for its share of the cost of the trunk sewer or water main until the lateral is built.  The assessment for the lateral shall then include the property’s share of the trunk sewer or water main.  The cost of the trunk sewer or water main in excess of the lateral assessment shall be assessed on the basis of area, frontage, or other rule against all properties benefited.  The cost of a lift station shall be assessed on the basis of area, frontage, or other rule against that property actually benefited by the lift station.

                        Subd. 2.           Arterial street surfacing.            When an arterial street is paved with concrete, bituminous mat, or other permanent surface, the cost of the pavement in a 36 – foot roadway shall be assessed against the benefited property on the basis of frontage on the abutting street.  When the standards for such paving are higher than those the city would use for a residential street, the cost to be assessed shall be based on the cost of paving a residential street of the same width.  The rest of the cost shall be paid from general funds.

                        Subd. 3.           Storm sewers.          A portion of storm sewers construction costs as determined by the City Council shall be paid by the city from general funds.  The reminder of the cost shall be assessed against the property in the area served by the sewer on the basis of the square footage of the property.  The area to be assessed shall be determined on the basis of topographic maps and other pertinent data.

Section 303.05.           ASSESSMENT RULES FOR CLASS C IMPROVEMENTS

                        Subd. 1.           Sidewalks.        The cost of the construction of sidewalks shall be assessed on the basis of frontage against property abutting the side of the street on which the sidewalk is located.

                        Subd. 2.           Water and sewer.         The cost of lateral water mains and of lateral sanitary sewer mains shall be assessed against abutting property on the basis of frontage.  The cost of water mains to be assessed includes the service lines if furnished, hydrants, and valves.  The cost of sewer mains includes lines, if furnished.

                        Subd. 3.           Streets.             The cost of construction of curbs and gutters on any street, of grading, oiling, and applying nonpermanent surfacing to any street, or of applying permanent surfaces to residential streets shall be assessed on the basis of frontage.

                        Subd. 4.           Nuisances.        The cost of abating nuisances and draining of swamps, marshes and ponds on public or private property and filling the same shall be assessed in a manner determined by the council in each case to measure most equitably the benefit received by property to be assessed.  The assessment in any such case may be made against non-abutting property to the extent the property is benefited by the improvement.

Section 303.06.           SPECIAL RULES

                        Subd.1.            Corner lots.      In any assessment made on basis of frontage, except one for water or sanitary sewer, corner lots shall be assessed for footage along the front of the lot plus one-third of the side footage; the other two-thirds of the side footage shall be spread among all other assessed properties.  In the case of an assessment for a lateral water or sewer main, Class C, corner lots shall be assessed for the frontage along the front side of the lot and shall be assessed for the footage along the front side of the street abutting the lot unless the lot is large enough to accommodate another building which would be benefited by construction of the second main.

                        Subd. 2.           Intersections.    The cost of water and sewer improvements in street intersections shall be included as part of the total assessable cost.  In the case of any kind of street improvement, intersection costs shall be paid by the city.

                        Subd. 3.           Adjusted frontage.        When the amount of an assessment is determined by frontage, an equivalent front footage shall be determined according to the following rules when an irregular lot requires such adjustment to maintain fairness in the assessment:

a.       Front footage shall be measured at setback on cul-de-sacs and sharply curved streets and irregularly shaped lots.

b.      Equivalent front footage shall be determined by dividing the square footage of the lot by the general lot depth of the subdivision for pie-shaped lots and irregular shaped lots where other rules do not apply.

c.       Where frontage curves so greatly as to a general appearance of a corner, the lot shall be considered a corner lot and equivalent front footage, as well as side footage where required, determined on the basis of an irregularly shaped lot.

d.      Where a lot consists of a combination of rectangular and pie-shaped or irregular portions, the equivalent front footage shall be determined as the sum of the straight front footage plus the remainder in accordance with applicable rules.

Section 303.07.           FEDERAL, STATE AND COUNTY AID USE

If the city receives financial assistance from the federal government, the state, or the county to defray a portion of the cost of a street improvement project, such aid shall be used first to reduce the share of the project cost which would be met from general city funds according to the assessment formula contained in this ordinance.  If such aid is more than the amount of the improvement cost to be borne by the city, the remainder of the aid so received shall be used to reduce each individual assessment proportionately.

Section 303.08.           PROCEDURAL RESTRICTIONS

                        Subd. 1.           In general.        In addition to conforming to the provisions of Minnesota Statutes, Chapter 429, proceedings for a public improvement to be paid wholly or partly by special assessments shall conform to the requirements of this section.

                        Subd. 2.           Waivers.           When the estimated cost of an improvement is less than $25,000 and the council has determined that at least twenty (20) percent of the estimated project cost can be collected by special assessments, the improvement contract shall not be entered into or the work shall not be commenced by day labor unless all property owners subject to the assessment have signed and submitted to the City Administrator waivers of the right to appeal from the assessment when levied.

                        Subd. 3.           Conditional contracts.               When the estimated cost of improvement is $25,000 or more and the council has determined that at least twenty (20) percent of the estimated project cost can be collected by special assessments, the contract for the improvement shall provide that no work shall be undertaken pursuant to the contract until 30 days after the hearing on the proposed assessment.  The contract shall also provide that if any objection to the proposed assessment is filed within such 30-day period, the contract shall be void.

                        Subd. 4.           Findings on market value increase.        Before determining proposed special assessments on any project, the city shall gather as much evidence as is practical and useful to show that the aggregate benefits to property to be assessed do not exceed the cost of the project and that each proposed individual assessment does not exceed the increase in market value on the property on which the assessment is to be made.

Section 303.09.           DEFERMENT OF SPECIAL ASSESSMENTS FOR SENIOR CITIZENS

                        Subd. 1.           When deferred.            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 and has an annual income equal to State of MN poverty level.  The deferment shall be granted upon a certification by the qualification of the owner for such deferment.  The application shall be made within 30 days after a similar application not later than September 30.  The council shall either grant or deny the deferment and, if it grants the deferment, it may require the payment of the interest due each year.  If the council grants the deferment, the City Administrator shall notify the county auditor of that fact.

                        Subd. 2.           When deferment ends.  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 events: (1) the death of the owner when there is not spouse who is eligible for deferment; (2) the sale, transfer, or subdivision of all or any part of the property; (3) loss of homestead status on the property; (4) determination by the council for any reason that there would be no hardship to require immediate or partial payment; or (5) failure to file a renewal application within the time prescribed by Subdivision 1.

                        Subd. 3.           Procedure for termination.    Upon the occurrence of one of the events specified in Subdivision 2, the council shall terminate the deferment.  Thereupon, the City Administrator shall notify the county assessor and the county auditor of the termination, including the amounts accumulated on unpaid installments plus applicable interest which shall become due and payable as a result of the termination.

Section 303.10.           BRANCH SERVICE LINES

Water and sewer lines shall be installed from the main to the front property line of property to be served before any permanent street surfacing is constructed in the street.  If any property owner fails to put in such water and sewer service lines within 30 days after notice from the City Administrator, the City Council shall proceed to have water and sewer service installed and to assess the cost against the property.

Section 303.11.           PARTIAL REPAYMENT

After the adoption by the City Council of the assessment roll in any local improvement proceeding, the owner of any property specially assessed in the proceeding may, prior to the certification of the assessment or the first installment to the county auditor, pay to the city administrator any portion of the assessment not less than $500.00.  The remaining unpaid balance shall be spread over the period of time established by the council for installment payment of the assessment.

Section 303.12.           CERTIFICATION OF ASSESSMENTS

After the adoption of any special assessment by the council, the city administrator shall transmit a certified duplicate of the assessment roll with each installment, including interest, set forth separately to the county auditor to be extended on the proper tax lists of the county.

Section 303.13.           PERMANENT IMPROVEMENT REVOLVING FUND

                        Subd. 1.           Establishment.               There is hereby established a permanent improvement revolving fund of the city to be held and administered by the city administrator, separate and apart from all other funds of the city, for the purpose of financing local improvements.

                        Subd. 2.           Source of funds.           The fund shall be a permanent fund of the city and the monies necessary for its maintenance shall be provided by taxation, by the appropriation of available monies from other funds of the city, and/or by the issuance and sale of permanent improvement revolving fund bonds of the city as deemed necessary from time to time by the council.

                        Subd. 3.           Disposition of funds.        Monies in the fund shall be used only as directed by resolution of the council for the purpose of advancing to local improvement funds the cost of improvements for which assessments are to be levied.  All such monies so advanced to an improvement fund shall be restored as soon as sufficient monies are received in the improvement fund, together with interest at a rate fixed by the council at not less than statutory rate per annum during the time for which monies have been so furnished.

                        Subd. 4.           Investment.       Whenever there are monies in the fund not immediately needed for local improvements, such monies shall be invested by the city administrator under the direction of the council in any securities authorized for investment of municipal sinking funds by law.

                        Subd. 5.           Transfer of surplus.       When the fund accumulates encumbered monies in excess of any amounts reasonably anticipated to the needed for local improvement fund advances, the council may, by resolution adopted by a two/thirds vote, declare any part of such excess to be surplus and transfer it to the general fund.

Section 303.14.           ASSESSMENT MANUAL

The City Administrator shall prepare an administrative manual specifying more detailed procedures for the conduct of local improvements and the levy of special assessments in supplementation of this ordinance and consistent therewith.  Upon approval of the council by resolution, such manual shall be used with this ordinance in the conduct of all local improvement proceedings to which they apply by their terms.

CHAPTER IV.     WATER AND SEWER

PART 1.     GENERAL PROVISIONS ON WATER AND SEWER SYSTEMS

Section 401.01.           WATER AND SEWER DEPARTMENT

There is hereby established a water and sewer department, which shall be under the supervision of the designated official.  The department shall be responsible for the management, maintenance, care, and operation of the water works and sanitary sewage system of the city.

Section 401.02.           USE OF WATER OR SEWER SYSTEM RESTRICTED

No person shall make or use any water or sewer service installation connected to the city water or sewer system except pursuant to application and permit as provided in this chapter.  No person shall make or use any such installation contrary to the regulatory provisions of this chapter.

Section 401.03.           APPLICATION FOR SERVICE

                        Subd. 1.           Procedure.       Application for a water or sewer service installation and for water service shall be made to the City Administrator on forms prescribed by the City Council and furnished by the city.  By his signature, the applicant shall agree to conform to this chapter and to rules and regulations that may be established by the city as conditions for the use of water.

                        Subd. 2.           Fees or deposit.            Application for a service installation shall be made by the owner of the property to be served or by his agent.  The applicant shall at the time of making application pay to the city the amount of the fees or deposit required for the installation of the service connection as provided in this chapter.  When a water service connection has been installed, application for water service may be made either by the owner or his agent or by the tenant or occupant of the premises.

Section 401.04.           CHARGES FOR SERVICE CONNECTIONS

                        Subd. 1.           Permit and fee. No connection shall be made to the city water or sanitary sewer system without a permit received from the City Administrator.  The fee for water and sewer connections shall be set by City Council resolutions.  A copy of this schedule shall be in the appendix of this code.  These fees shall be in addition to any fees required under Subdivision 2, 3, and 4.

                        Subd. 2.           Connection fees.           When a connection requires installation of a service line from the main to the property line, the applicant for a permit shall pay to the city an amount not less than the cost of making the necessary connections, taps, and installation of pipe and appurtenances to provide service to the property and the necessary street repairs.

                        Subd. 3.           Certification.                 No permit shall be issued to connect with any water or sanitary sewer main unless the applicant certifies to the truth of one of the following or the payment required under Subdivision 4 is made:

1.      That the lot or tract to be served has been assessed for the cost of construction the main with which the connection is made or that proceedings for levying such assessment have been or will be commenced in due course; or

2.      That the cost of construction of the main has been paid by the developer or builder platting the lot or tract; or

3.      That, if neither of the foregoing is true, a sum equal to the portion of the cost of constructing the main which would be assessable against the lot or parcel has been paid to the city.

            Subd. 4.           Additional connection fee.         If no such certificate can be issued, the applicant shall pay an additional connection fee equal to the portion of the cost of construction of the main attributable to the property upon the same basis as any assessment previously levied against other property for the main.  The determination shall be made by the City Council.  If no such assessment has been levied, the assessable cost shall be determined upon the basis of the uniform charge which may have been or will be charged for similar connection with the main.  The amount shall be determined on the basis of the total assessable cost of the main allocated on the basis of frontage.  Where the assessable cost cannot be determined, the charge shall be set by the City Council based on front footage of the property to be served.  In no event shall the connection charge made under this subdivision exceed the increase in value of the property attributable to the main.

                        Subd. 5.           Notice and hearing.                   Before the City Council makes a final determination of the additional connection fee under Subdivision 4, (s)he shall submit a written notice to the applicant stating the amount of the proposed connection fee and the basis of its calculation.  The notice shall also state that the applicant may, within ten days of receipt of the notice demand a hearing on the matter.   If the applicant requests a hearing within that time, a hearing shall be held on the matter of the City Council at least one week after the date in which the request is made.  If as a result of the hearing, the City Council finds that the proposed connection fee complies with the requirements of Subdivision 4, it shall so determine.  If (s)he determines that the proposed fee is in excess of the amount that would have been assessed had the property been assessed for the main or in excess of the increase in market value attributable to construction of the main, (s)he shall make a determination of the proper amount of the fee within the limits specified in Subdivision 4.  No connection shall be made without payment of the connection fee determined after the hearing or determined after the expiration of ten days from receipt of the notice when there has been no request within that time for a hearing.

Section 401.05.           ACCOUNTING, BILLING, AND COLLECTION

                        Subd. 1.           Accounts in name of owner.      All accounts shall be carried in the name of the owner.  The owner shall be liable for water supplied to his property, whether he is occupying the property or not, and any charges unpaid shall be a lien upon the property.

                        Subd. 2.           Bills for service.            Water and sewer service charges shall be billed together.  Bills shall be mailed to the customers monthly and shall specify the water consumed and the sewer and water charges in accordance with the rates set out in this chapter.

                        Subd. 3.           Delinquent accounts.     All charges for water and sewer service shall be due on the monthly due date specified by the city for the respective account and shall be delinquent 15 days thereafter.  The city shall endeavor to collect delinquent accounts promptly.  In any case, where satisfactory arrangements for payment have not been made, the Public Works Department may, after the procedural requirements of Subdivision 4 have been complied with, discontinue service to the delinquent customer by shutting off the water at the stop box.  When water service to any premises has been discontinued, service shall not be restored except upon the payment of all delinquent bills and a fee of $20.00.  Delinquent accounts shall be certified to the City Administrator who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served.  The assessment roll shall be delivered to the council for adoption on or before November 1 each year for certification to the county auditor for collection along with taxes. Such action optional and may be subsequent to taking legal action to collect delinquent accounts.

THAT SECTION 401.05 SUBDIVISION 4 IS HEREBY AMENDED, AS PASSED BY THE CITY COUNCIL ON MARCH 24, 2008, DOES NOT CHANGE IN CONTENT, BUT THE FOLLOWING IS ADDED TO DEFINE THE SCHEDULE/PROCEDURE FOR GIVING NOTICE OF SHUT OFF TO DELINQUENT ACCOUNTS.

Residents having a delinquent utility bill of 45 days will receive a certified letter. The resident will be charged for the certified mail expense at the current rate.  The resident will have until the 5^th business day after receiving the certified letter to pay the utility bill in full.  If the resident has not paid the utility bill in full before the 5^th business day following receipt of the certified letter, the resident will have the water services shut off.  To restore the resident’s utilities, the resident must pay the utility bill in full including the current month, pay a reconnection fee of $20.00 and a penalty of $150.00.  After the second disconnect the resident must pay an additional $200.00 penalty.

THAT SECTION 401.05 SUBDIVISION 3 IS HEREBY AMENDED, AS PASSED BY THE CITY COUNCIL ON DECEMBER 14, 1998, IT DOES NOT CHANGE IN CONTENT, BUT THE FOLLOWING IS ADDED TO DEFINE THE SCHEDULE/PROCEDURE FOR GIVING NOTICE TO PROPERTY OWNERS OF DELINQUENT ACCOUNTS PRIOR TO CERTIFICATION TO COUNTY AUDITOR TO BE PLACED ON ASSESSMENT ROLE.

Notice (by certified letter) to property owners affected by a delinquent utility bill will occur 75 days after the last day a utility bill can be paid without penalty (15^th of each month) or 90 days from the time the bill is sent.  This notice will typically occur 20 days after shut off of service.  In any case this notice shall occur to inform the property owner of the process of applying the delinquent account to the property taxes of the affected property in December of the year in which the delinquency occurred.

                        Subd. 4.           Procedure for shut off of service.           Water shall not be shut off under Subdivision 3 or for a violation of rules and regulations affecting utility service until notice and an oppor-tunity for a hearing have first been given the occupant of the premises involved.  The notice shall be personally served or by registered mail to last known resident and shall state that if payment is not made before a day stated in the notice but not less than 10 days after the date on which the notice is given, the water supply to the premises will be shut off. The notice shall also state that the occupant may, before such date, demand a hearing on the matter, in which case the supply will not be cut off until after the hearing is held.  If the customer requests a hearing before the date specified, a hearing shall be held on the matter by the City Council at least one week after the date on which the request is made. If as a result of the hearing, the City Council finds that the amount claimed to be owing is actually due and unpaid and that there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with the ordinance, the city may shut off the supply.

THAT SECTION 401.05 SUBDIVISION 4 IS HEREBY AMENDED, AS PASSED BY THE CITY COUNCIL ON MARCH 9, 1998, DOES NOT CHANGE IN CONTENT, BUT THE FOLLOWING IS ADDED TO DEFINE THE SCHEDULE/PROCEDURE FOR GIVING NOTICE OF SHUT OFF TO DELINQUENT ACCOUNTS.

Notice (by certified letter) will occur 45 days after the last day a utility bill can be paid without penalty (15^th of each month) or 60 days from the time the bill is sent.  Ten (10) days after sending of the notice, water service can be shut off (total delinquency = 70 days).

Initial notice of delinquency occurs at the time an account reaches over 15 days old and shows up right on the monthly bill as a late fee.

Section 401.06            PROTECTION OF PUBLIC AND CITY

                        Subd. 1.           Permit and bond.          A permit for construction and connection of the extension between a building drain and the sewer main and stub, herein called the building sewer, or between the building water service pipes and a water main or stub shall be issued only upon application by a master plumber who has furnished a bond either to the city administrator or the secretary of state under Minnesota Statutes 326.40.  The bond shall be in the amount of $2,000 conditioned so as to secure compliance by the principal with the provisions of this chapter and to further secure performance by him of all work undertaken within the city.

                        Subd. 2.           Liability insurance.        Before undertaking the construction work authorized by the permit, the plumber shall secure and maintain a policy of insurance in the amount of $300,000 combined single limit or equivalent or equivalent against damages to property or injury or death to persons.  The policy shall indemnify and save harmless the city and its personnel against any claim, damages, or cause of action arising out of the work and from any expenses of defending the same.  Proof of such insurance shall be filed with the city prior to construction work and such policy shall provide that the city shall be notified immediately of any termination or modification of such insurance.  If the insurance coverage is adequate in amount, the master plumber shall indemnify and save harmless the city and its personnel in like matter.

                        Subd. 3.           Apportionment of cost. The owner shall bear the costs and expenses

incident to the installation and connection of the building sewer or extension of water service to private property.  He shall indemnify the city for any loss or damage directly or indirectly caused by its installation and connection.  To the extent he deems necessary, the City Administrator shall establish rules and regulations for the proper implementation of these requirements which, when approved by the council by resolution, shall govern the installation and connection of building sewers and extension of water service to private property.

PART 2.              WATER SYSTEM

Section 402.01.           GENERAL WATER REGULATIONS

                        Subd. 1.           Discontinuance of service.         The city may discontinue service to any water consumer without notice for necessary repairs or, upon notice as provided in Section 401.05, Subdivision 4, for nonpayment of charges, or for violation of rules and regulations affecting utility service.

 &n