Name, Boundaries, Powers and General Provisions

CHARTER

OF THE

CITY OF LAKECRYSTAL

MINNESOTA

The charter of the City of Lake Crystal, adopted on August 27th, 1912 AND amended on April 14,1958, and again on April 3, 2006 is hereby amended by striking out all of the provisions thereof and substituting therefore the following:

CHAPTER 1

NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS

Sec. 1.1NAME AND BOUNDARIES. The City of Lake Crystal, in the County of Blue Earth and State of Minnesota, shall, upon taking effect of this charter, continue to be a municipal corporation under the name and style of the “CITY OF LAKE CRYSTAL, MINNESOTA”, with the same boundaries as now are or hereafter may be established.

Sec. 1.2POWERS. The city shall have all powers which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony with the constitutions of this state and the United States. It is the intention of this charter that every power which the people of the City of Lake Crystal might lawfully confer upon themselves, as a municipal corporation, by specific enumeration in this charter shall be deemed to have been so conferred by the provisions of this section. This charter shall be constructed liberally in favor of the city, and the specific mention of particular powers in this charter shall not be construed as limiting in any way the generality of the power herein sought to be conferred.

Sec. 1.3CHARTER A PUBLIC ACT. This charter shall be a public act and need not be pleaded or proved in any case. It shall take effect thirty days from and after its adoption by the voters.

CHAPTER 2

FORM OF GOVERNMENT

Sec. 2.1FORM OF GOVERNMENT. The form of government established by this charter is the “MAYOR-COUNCIL PLAN”. The council shall exercise the legislative power of the city and determine all matters of policy, subject to the initiative, referendum and recall powers of the people.

Sec. 2.2ELECTIVE OFFICERS. The elective officers shall be a Mayor, and fourcouncil members, all of whom shall be qualified voters in the City of Lake Crystal, and shall be elected at large. Eachcouncil member shall serve for a term of four years and until his successor is elected and is qualified, except that, at the first election held after the adoption of this charter, the two candidates for council member receiving the largest number of votes shall serve fromJanuary 2,2007 to December 31,2010 and the two candidates forcouncil member receiving the next largest number of votes shall serve fromJanuary 2,2007 to December 31,2008. The mayor shall serve for a term of two years and until successors are elected and have qualified, except that, at the first election held after the adoption of this charter, the mayor shall serve fromJanuary 2,2007 to December 31,2008. Elections of the City of Lake Crystal for council member and mayor shall be held every two years, in even numbered years, with two council member terms and the mayor’s term expiring and being open for election.

Sec. 2.3INCOMPATIBLE OFFICES. No Mayor or member of the council may hold municipal office or employment under the city until one year after the expiration of his term as mayor orcouncil member. No person may serve as mayor or council member who is an employee of the City of Lake Crystal or Lake Crystal Municipal Utilities without first resigning from that employment.

Sec. 2.4VACANCIES. A vacancy in the office of mayoror of a council member shall be deemed to exist in case of the failure of any person elected thereto to qualify within thirty days from and after his election, or on or before the date of the second regular meeting of the new council, or by reason of death, resignation, removal from office, removal from the city, continuous absence from the city for more than six months, or conviction of a felony of any such person, whether before or after his qualification, or by reason of the failure of any mayoror council member, as the case may be, without good cause to perform any of the duties of his office for a period of three months. In each such case, the council shall, by resolution, declare such vacancy to exist and shall forthwith appoint an eligible person to fill the same until the next regular election, when the office shall be filled for the unexpired term. If the mayor or council member is called to active duty in the military service, this section shall not take effect and the mayor or council member would be able to maintain his office and stand for reelection.

Sec. 2.5THE MAYOR. The mayor shall be a member of the council and shall be the presiding officer of the council, except that the council shall choose from it’s members amayor pro-tem who shall hold office at the pleasure of the council and shall serve asmayor pro-tem in the mayor’s absence and as mayor pro-tem in case of the mayor’s temporary disability or absence from the city. The mayor shall have a vote in all the proceedings of the council. The mayor shall have the right to exercise all powers and perform all duties conferred upon him by this charter, the ordinances of the city, and the laws of the state. The mayor shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil purposes, by the governor for the purpose of martial law. The mayor shall study the operations of the city government and shall report to the council any neglect, dereliction of duty, or waste on the part of any officer or department of the city. The mayor shall becharged with the enforcement of the law and shall be in command of the police.

Sec. 2.6SALARIES. The mayor and the council shall receive salaries as determined by vote of the council. The mayor and council may from time to time raise the amount of compensation that is to be received. Any revision of the pay shall be effective after the next election of the mayor. The members of the council, when meeting as a board of equalization, shall each receive additional compensation as provided by state law.

Sec. 2.7INVESTIGATION OF CITY AFFAIRS. The council and the mayor, or either of them, and any officer or officers formally authorized by them, or either of them, shall have the power to make investigations into the city’s affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers. The council shall provide for an audit of the city’s accounts at least once a year by the state department in charge of such work or by a certified public accountant. The council may at any time provide for an audit or examination of the accounts of any officer or department of the city government, and it may cause to be made any survey or research study of any subject of municipal concern.

CHAPTER 3

PROCEDURE OF COUNCIL

Sec. 3.1COUNCIL MEETINGS. On the first business day of January, following a regular municipal election, the council shall meet at the council chambers in the city hall, where all regular meetings are to be held, and shall assume their duties of office. Thereafter, the council shall meet at such times each month as may be prescribed by resolution. The mayor or any two members of the council may call a special meeting of the council. Such notice shall be delivered personally to each member or shall be left at the usual place of residence with some responsible person. The proceedings of all council meetings shall be published in the official newspaper. All meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times.

Sec. 3.2SUBORDINATE OFFICERS. The council shall appoint and fix the compensation of a cityadministrator who shall serve for an indefinite term, and who shall also serve as secretary of the utilities commission. The compensation of the city administrator shall be paid by the city and the utilities commission proportionately as agreed upon by the council and utilities commission. The city administrator shall keep a journal of the council proceedings, a journal of the utilities commission proceedings, and such other duties as may be required by this charter, the council, or the utilities commission. The council shall choose and compensate such other officers and employees as may be necessary under this charter, who shall also serve for indefinite terms and may be removed by a majority vote of the council.

Sec. 3.3RULES OF PROCEDURE AND QUORUM. The council shall determine its own rules and order of business. A majority of all members elected shall constitute a quorum to do business, but a smaller number may adjourn from time to time. The council may by ordinance provide a means by which a majority may compel the attendance of absent members. When a member of the council, present at a meeting, abstains or fails to vote, such act shall be counted as a negative vote.

Sec. 3.4ORDINANCES, RESOLUTIONS AND MOTIONS. Except as in this charter otherwise provided, all legislation shall be by ordinance. The aye and nay vote on ordinances, resolutions and motions shall be recorded unless the vote is unanimous. An affirmative vote of a majority of all members of the council shall be required for passage of all ordinances and resolutions except as otherwise provided in this charter.

Sec. 3.5PROCEDURE OF ORDINANCES. The enacting clause of all ordinances shall be in the words, “The City of Lake Crystal does ordain”. Every ordinance shall be presented in writing and read in full at a regular meeting. No ordinance, except an emergency ordinance, shall be passed at the meeting at which it is introduced.

Sec. 3.6EMERGENCY ORDINANCES. An emergency ordinance is an ordinance necessary for the immediate preservation of public peace, health, morals, safety, welfare in which the emergency is defined and declared in the preamble thereto, and is adopted by a vote of at least four members of the council. No prosecution shall be based upon the previsions of any emergency ordinance until twenty-four hours after the ordinance has been filed with the cityadministrator and posted in three conspicuous places or until the ordinance has been published, unless the person charged with the violation has actual notice of the passage of the ordinance prior to the act or omission of which he is charged.

Sec. 3.7PROCEDURE ON RESOLUTIONS. Every resolution shall be presented in writing and read in full before a vote is taken thereon, unless the reading of the resolution is dispensed with by unanimous consent.

Sec. 3.8SIGNING AND PUBLICATION OF ORDINANCES AND RESOLUTIONS. Every ordinance or resolution passed by the city council shall be signed by the mayor, attested by the cityadministrator and filed and preserved bythe cityadministrator. Every ordinance shall be published once in the official newspaper. To the extent and in the matter provided by law, an ordinance may incorporate, by reference a statute of Minnesota, a state administrative rule or regulation, a code, or ordinance or part thereof without publishing the material referred to in full.

Sec. 3.9WHEN ORDINANCES AND RESOLUTIONS TAKE EFFECT. A resolution and an emergency ordinance shall take effect immediately upon its passage or at such later date as is fixed in it. Every other ordinance except as provided in Section 5.9, shall take effect ten days after publication or at such later date as is fixed therein. Every ordinance and resolution adopted by the voters of the city shall take effect immediately upon its adoption, or at such later date as is fixed therein.

Sec. 3.10AMENDMENT AND REPEAL OF ORDINANCES AND RESOLUTIONS. Every ordinance or resolution repealing a previous ordinance or resolution or section or subdivision thereof, shall give the number, if any, and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resolution or section or subdivision thereof shall be amended by reference to the title alone, but such amending ordinance or resolution shall set forth in full each section or subdivision to be amended and shall indicate new matter by underscoring and old matter to be omitted by enclosing it in parenthesis. In newspaper publication, or posted notices, the same indications of omitted or new matter shall be used, except that italics or bold-faced type may be substituted for underscoring, and omitted matter may be printed in capital letters within parenthesis.

Sec. 3.11REVISION AND CODIFICATION OF ORDINANCES. The city may revise, rearrange and codify its ordinances with such additions and deletions as may be deemed necessary by the council. Such ordinance code shall be published in book, pamphlet or continuously revised loose-leaf form and copies shall be made available by the council at the office of the city administrator for general distribution to the public free of charge or at reasonable charge. Distribution in such published form shall be sufficient notice of any ordinance provision not previously published or posted if a notice that copies of the codification are available at the office of the city administrator published in the official newspaper for at least two successive weeks.

CHAPTER 4

NOMINATIONS AND ELECTIONS

Sec. 4.1REGULAR MUNICIPAL ELECTIONS. The first regular municipal election under this amended charter shall be held on November 7,2006 and a regular municipal election shall be held thereafter on the first Tuesday after the first Monday in November of eacheven-numbered year commencing in 2006, at such place or places as the city council may designate. A Notice of Election shall be given to the city administratorfifteen days prior to holding such election. The Notice of Election shall include the time and place of holding such election and of the officers to be elected. The Notice of Election shall be posted in at least three public places in said city. A Notice of Election shall be published at least once in the official newspaper, but failure to give such Notice of Election shall not invalidate such election.

Sec. 4.2SPECIAL ELECTION. The council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election. The procedure at such election shall conform to that herein provided for other municipal elections.

Sec. 4.3JUDGES (AND CLERKS) OF ELECTION. For each polling place the council shall, at leasttwenty-five days before each municipal election, appoint four qualified voters to be judges of election. The council is authorized to increase the number of election judges to ten for any municipal, state, or federalelection.

Sec. 4.4NOMINATIONS BY AFFIDAVIT OF CANDIDACY. The mode of nomination of all elective officers provided for by this charter shall be byAffidavit of Candidacy. The name of any qualified elector of the city shall be printed upon the ballot wheneveran Affidavit of Candidacy as hereinafter prescribed shall have been filed in his behalf with the cityadministrator. All Affidavits of Candidacy shall be in the hands of the cityadministrator not less than fifty-six days before aprimary election and not less than seventy days before the regular election, and the same may have a declaration of the candidate’s principles attached. Thecity administrator shall prepare the ballots in a manner to be provided bystate election laws.

Sec. 4.5AFFIDAVIT OF CANDIDACY. An individualwho is eligible and desires to become a candidate for an office to be voted for at the municipal general election shall file an Affidavit of Candidacy with the city administrator. The affidavit shall be in substantially the same form as that in section 204B.06, subdivision 1 of the Minnesota Statutes. The city administrator shall also accept an application signed by not less than five voters and filed on behalf of an eligible voter in the city whom they desire to be a candidate, if service of a copy of the affidavit has been made on the candidate and proof of service is endorsed on the affidavit being filed. Upon receipt of the proper filing fee, the filing fee established by ordinance, the city administrator shall place the name of the candidate on the official ballot without partisan designation.

Sec. 4.6CANVASS OF ELECTION. The Council shall meet and canvass the election returns within five days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof according to law. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled and defective ballots; (c) the vote of each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges, and (f) such other information as may seem pertinent. The cityadministrator shall forthwith notify all persons elected of the fact of their election. When two or more persons shall receive an equal number of votes for the same office, the election shall be determined by the“flipping of acoin” in the presence of the council.

Sec. 4.7PROCEDURE AT ELECTIONS. The conduct of elections shall be regulated by ordinance subject to the provisions of this charter and of the general laws of the State of Minnesota.

CHAPTER 5

INITIATIVE, REFERENDUM AND RECALL

Sec. 5.1POWERS RESERVED BY PEOPLE. The people of the City of Lake Crystal reserve themselves the power, in accordance with the provisions of this charter, to initiate and adopt ordinances and resolutions, except an ordinance appropriating money or authorizing the levy of taxes, to require such and ordinance passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the Initiative, the Referendum, and the Recall, respectively.