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Virginia, MN Code of Ordinance
VIRGINIA, MINNESOTA CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER OF THE CITY OF VIRGINIA, MINNESOTA
CHAPTER 1: GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION
CHAPTER 2: ADMINISTRATION AND GENERAL GOVERNMENT
CHAPTER 3: MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS
CHAPTER 4: CONSTRUCTION PERMITS AND REGULATION
CHAPTER 5: ALCOHOLIC BEVERAGES LICENSING AND REGULATION
CHAPTER 6: OTHER BUSINESS REGULATION AND LICENSING
CHAPTER 7: STREETS AND SIDEWALKS GENERALLY
CHAPTER 8: TRAFFIC REGULATIONS
CHAPTER 9: PARKING REGULATIONS
CHAPTER 10: PUBLIC PROTECTION, CRIMES AND OFFENSES
CHAPTER 11: LAND USE REGULATIONS (ZONING)
CHAPTER 12: SUBDIVISION REGULATIONS (PLATTING)
CHAPTER 13: REGULATING TREE/SHRUB PLANTING AND MAINTENANCE
CHAPTER 14: CREATION OF JOINT POWERS AUTHORITY BETWEEN VIRGINIA AND EVELETH
CHAPTER 15: ROTARY PARK
CHAPTER 16: EMERGENCY MANAGEMENT
CHAPTER 17: PROPERTY MAINTENANCE AND PRESERVATION CODE
CHAPTER 18: VACANT BUILDING REGISTRATION
CHAPTER 19: RESERVED
CHAPTER 20: MISCELLANEOUS ORDINANCES
PARALLEL REFERENCES
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§ 2.52 ANNUAL OPERATING RESERVE ACCOUNT.
   (A)   Where the city issues general obligation corporate purpose bonds, the city will create and establish a permanent Annual Operating Reserve Account Fund, which amount shall be equal to the total amounts of the general obligation corporate purpose bonds, subject to the following terms and conditions:
      (1)   The funds in the reserve account will be available for internal transfer to other city funds during the fiscal year of the city;
      (2)   The reserve account must be reimbursed and brought to its original funded amount by the end of each of the city’s fiscal years;
      (3)   Any and all interest income earned from the principal amount of the fund shall be transferred at the end of each fiscal year to the General Fund; and
      (4)   In the event that the city is unable to repay all of the principal and/or interest of the general obligation corporate purpose bonds as they become due, the reserve account shall be used for the purpose of the interest and/or principal payment, but only if there is no other viable and alternate means of the repayment from other city sources.
   (B)   It is incumbent upon the city to replace the amounts used for the bond principal and interest payment to bring the fund up to its original principal amount as soon as is reasonably and financially possible.
(Ord. 124, effective 7-2-1983)
§ 2.53 FRANCHISES.
   (A)   Definition. The term FRANCHISE, as used in this section, shall be construed to mean any special privileges granted to any person in, over, upon or under any of the streets or public places of the city, whether the privilege has heretofore been granted by it or by the state or shall hereafter be granted by the city or by the state.
   (B)   Franchise ordinances. The Council may grant franchises by ordinance. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All persons desiring to make any burdensome use of the streets or public places, inconsistent with the public’s right in such places, or desiring the privilege of placing in, over, upon or under any street or public place any permanent or semipermanent fixtures for the purpose of constructing or operating railways, telegraphing or transmitting electricity, or transporting by pneumatic tubes, or for furnishing to the city or its inhabitants or any portion thereof, transportation facilities, water, light, heat, power, gas or any other utility, or for any other purpose, shall be required to obtain a franchise before proceeding to make use of the streets or public places or before proceeding to place the fixtures in these places.
   (C)   Power of regulation reserved. The city shall have the right and power to regulate and control the exercise by any person, of any franchise however acquired, and whether the franchise has been heretofore granted by it or by the state.
   (D)   Conditions in every franchise. All conditions specified in this section shall be a part of every franchise even though they may not be expressly contained in the franchise.
      (1)   The grantee shall be subject to and will perform on its part all the terms of this section and will comply with all pertinent provisions of any city charter and the city code, as the same may from time to time be amended.
      (2)   The grantee shall in no case claim or pretend to exercise any power to fix fares, rates and charges; but that such fares, rates and charges shall at all times be just, fair and reasonable for the services rendered and shall in all cases be fixed and from time to time changed, unless regulated by an agency of the state, in the manner following.
         (a)   A reasonable rate shall be construed to be one which will, with efficient management, normally yield above all operating expenses and depreciation, a fair return upon all money invested.
         (b)   If possible, maximum rates and charges shall be arrived at by direct negotiation with the Council.
         (c)   If direct negotiations fail to produce agreement, the Council shall, not less than 30 days before the expiration of any existing rate schedule or agreement, appoint an expert as its representative, the franchisee shall likewise appoint an expert as its representative and the two of them shall appoint a third person, preferably an expert, and the three of them shall constitute a Board of Arbitration. The Board shall report its findings as soon as possible and the rates and charges it shall agree upon by majority vote shall be legal and binding, subject only to review by a court of competent jurisdiction upon application of one of the parties.
      (3)   The Council shall have the right to require reasonable extensions of any public service system from time to time, and to make rules and regulations as may be required to secure adequate and proper service and to provide sufficient accommodations for the public.
      (4)   The grantee shall not issue any capital stock on account of the franchise or the value thereof, and that the grantee shall have no right to receive upon condemnation proceedings brought by the city to acquire the public utility exercising the franchise, any return on account of the franchise or its value.
      (5)   No sale or lease of the franchise shall be effective until the assignee or lessee shall have filed with the city an instrument, duly executed, reciting the facts of the sale or lease, accepting the terms of the franchise and agreeing to perform all the conditions required of the grantee thereunder.
      (6)   Every grant in the franchise contained of permission for the erection of poles, masts or other fixtures in the streets and for the attachment of wires thereto, or for the laying of tracks in, or of pipes or conduits under the streets or public places, or for the placing in the streets or other public places of any permanent or semi-permanent fixtures whatsoever, shall be subject to the conditions that the Council shall have the power to require alterations therein, or relocation or rerouting thereof, as the Council may, at any time, deem necessary for the safety, health or convenience of the public, and particularly that it shall have the power to require the removal of poles, masts and other fixtures bearing wires and the placing underground of all facilities for whatsoever purpose used.
      (7)   Every franchise shall contain a provision granting the city the right to acquire the same in accordance with statute.
      (8)   The franchisee may be obligated by the city to pay the city fees to raise revenue or defray increased costs accruing as a result of utility operations, or both, including, but not limited to, a sum of money based upon gross operating revenues or gross earnings from its operations in the city.
   (E)   Further provisions of franchises. The enumeration and specification of particular matters which must be included in every franchise or renewal or extension thereof, shall not be construed as impairing the right of the city to insert in any franchise or renewal or extension thereof other and further conditions and restrictions as the Council may deem proper to protect the city’s interests, nor shall anything contained in this section limit any right or power possessed by the city over existing franchises.
§ 2.54 SPECIAL ASSESSMENT POLICY.
   The Council may, by resolution, adopt, from time to time amend or repeal a special assessment policy.
§ 2.55 LOCAL SALES AND USE TAX.
   (A)   Authority. Pursuant to Session Laws 2019, First Special Session, Chapter 6, Article 6, Section 30, the state legislature has authorized the city to impose a local sales and use tax to provide revenues to pay the costs of collecting and administering the tax to the State Commissioner of Revenue, and to finance the capital and administrative costs related to the funding of designated projects as defined in Session Laws 2019, First Special Session, Chapter 6, Article 6, Section 30, and approved by the voters at the November 6, 2018, referendum.
   (B)   Definitions. For purposes of this section, the following words, terms, and phrases have the meanings given them in this section unless the language or context clearly indicates a different meaning is intended.
      CITY. The City of Virginia, Minnesota.
      COMMISSIONER. The Commissioner of Revenue of the State of Minnesota, or a person to whom the Commissioner has delegated functions.
      DESIGNATED PROJECTS. The renovation, reconstruction, expansion and improvements of the Miner’s Memorial Recreation Complex and Convention Center, as authorized by the Minnesota Legislature in Session Laws 2019, First Special Session, Chapter 6, Article 6, Section 30, and approved by the voters at the November 6, 2018, referendum.
      STATE SALES AND USE TAX LAWS AND RULES. Those provisions of the state revenue laws applicable to state sales and use tax imposition, administration, collection, and enforcement, including M.S. Chs. 270C, 289A, 297A, and Minnesota Rules Ch. 8130, as amended from time to time.
   (C)   Local sales and use tax imposed; amount of tax; coordination with state sales and use tax laws and rules. A local sales tax is imposed in the amount of one percent on the gross receipts from sales at retail sourced within city limits that are taxable under the state sales and use tax laws and rules. A local use tax is imposed in the amount of one percent on the storage, use, distribution or consumption of goods or services sourced within city limits that are taxable under the state sales and use tax laws and rules. All of the provisions of the state sales and use tax laws and rules apply to the local sales and use tax imposed by this chapter. The local sales and use tax imposed by this chapter shall be collected and remitted to the Commissioner on any sale or purchase when the state sales tax must be collected and remitted to the Commissioner under the state sales and use tax laws and rules, and is in addition to the state sales and use tax.
   (D)   Effective date of tax; transitional sales. 
      (1)   Except as otherwise provided herein, the local sales and use tax imposed by this chapter shall apply to sales and purchases made on or after January 1, 2020.
      (2)   The local sales and use tax imposed by this chapter shall not apply to:
         (a)   The gross receipts from retail sales or leases of tangible personal property made pursuant to a bona fide written contract, which unconditionally vests the rights and obligations of the parties thereto, provided that such contract was enforceable prior to January 1, 2020, and that delivery of the tangible personal property subject thereto is made on or before January 1, 2020.
         (b)   The gross receipts from retail sales made pursuant to a bona-fide, lump-sum or fixed-price construction contract, which unconditionally vests the rights and obligations of the parties thereto, and which does not make provision or allocation of future taxes, provided that such contract was enforceable prior to January 1, 2020, and that delivery of the tangible personal property used in performing such construction contract is made before July 1, 2020.
         (c)   The purchase of taxable services, including utility services, if the billing period includes charges for services furnished before and after January 1, 2020, but the local sales and use tax imposed by this chapter shall apply on the first billing period, not including charges for services furnished before January 1, 2020.
         (d)   Lease payments for tangible personal property and motor vehicles that includes a period before and after January 1, 2020, but the local sales and use tax imposed by this chapter shall apply on a prorated basis to lease payment amounts attributable to that portion of the lease payment period on or after January 1, 2020, and on the entire lease payment for all lease payment periods thereafter.
   (E)   Tax clearance; issuance of licenses.
      (1)   (a)   The city may not issue or renew a license for the conduct of a trade or business within the city if the Commissioner notified the Licensing Division of the city that the applicant owes delinquent city taxes as provided in this chapter, or penalties or interest due on such taxes.
         (b)   City taxes include sales and use taxes provided in this article. Penalties and interest are penalties and interest due on taxes included in this definition.
      (2)   Delinquent taxes does not include a tax liability if:
         (a)   An administrative or court action contesting the amount or validity of the liability has been filed or served;
         (b)   The appeal period to contest the tax liability has not expired; or
         (c)   The applicant has entered into a payment agreement and is current with the payments.
      (3)   (a)   APPLICANT means an individual if the license is issued to or in the name of an individual, or the corporation or partnership if the license is issued to or in the name of a corporation or partnership.
         (b)   A copy of the notice of delinquent taxes given to the Licensing Division of the city shall also be sent to the applicant taxpayer. In the case of renewal of a license, if the applicant requests in writing, within 30 days of receipt of the notice of hearing, then, a contested hearing shall be held under the same procedures, as provided in M.S. Ch. 270A, for the state sales and use tax imposed under M.S. Ch. 297A; provided further that, if a hearing must be held on the state sales and use tax, the hearings must be combined.
   (F)   Deposit of revenues; costs of administration; termination of tax.
      (1)   All of the revenues, interest, and penalties derived from the local sales and use tax imposed by this chapter collected by the Commissioner and remitted to the city shall be deposited by the City Finance Director in the City Treasury, and shall be credited to the fund established to pay the costs of collecting the local sales and use tax imposed by this chapter, and to finance the capital and administrative costs directly related to completing the designated projects.
      (2)   The local sales and use tax imposed by this chapter shall terminate at the earlier of:
         (a)   December 31, 2040; or
         (b)   When the City Council determines that $30,000,000, plus an amount sufficient to pay the costs related to issuing bonds and interest on the bonds has been received from the local sales and use tax imposed by this chapter to pay for all the capital and administrative costs directly related to completing the designated projects.
      (3)   Any funds remaining after payment of all such costs and retirement or redemption of the bonds shall be placed in the General Fund of the city.
      (4)   The local sales and use tax imposed by this chapter may terminate at an earlier time if the City Council so determines by ordinance.
   (G)   Agreement with the Commissioner. The city may enter into an agreement with the Commissioner regarding each party’s respective roles and responsibilities related to the imposition, administration, collection, enforcement, and termination of the local sales and use tax imposed by this chapter. Any such agreement shall not abrogate, alter or otherwise conflict with the state sales and use tax laws and rules, this section, or Session Laws 2019, First Special Session, Chapter 6, Article 6, Section 30.
(Ord. passed 7-9-2019)
§§ 2.56 THROUGH 2.57 RESERVED FOR FUTURE EXPANSION.
§ 2.58 REGULATIONS AS TO PARK LANDS.
   (A)   Purpose. All park lands owned or leased by or under the control of the city shall be closed to public use between 11:00 p.m. and 6:00 a.m. daily and no person shall enter into or remain on such park lands between such hours. However, individuals, organizations and groups to whom a permit to use any of the city's parks or park facilities has been issued pursuant to regulations promulgated by the Parks and Recreation Director may use such city parks or facilities in accordance with the terms and conditions of such permit. The Parks and Recreation Director is authorized to permit uses of certain illuminated facilities in the park areas to remain open for recreational uses beyond the normal closing time.
   (B)   The Parks and Recreation Director is hereby authorized to promulgate rules and regulations covering the use and protection of the park lands owned or leased by or under the control of the city. Rules and regulations of the Director include provisions for the issuance of permits to individuals, organizations and groups for the use of the city's parks and park facilities. Such rules and regulations shall be consistent with and supplementary to all of the provisions of this code, consistent with the provisions of any lease, agreement or restrictions covering any of such park lands.
   (C)   Park hours of operation. As specified in § 2.58(A), no person shall be allowed to enter or be in any of the city parks between 6:00 am and 11:00 pm daily, except in those certain illuminated facilities in the parks pursuant to lawfully authorized use after hours by the Parks and Recreations Director.
   (D)   Park rules; penalty. The following park rules shall be observed by all users of the parks and shall be enforced by the public safety departments of the city:
      (1)   Normal park hours are 6:00 a.m. - 11:00 p.m. daily.
      (2)   Dogs are allowed in parks, but must be on leash as per City Code § 10.11(B)(1) and are responsible for cleaning up any/all animal waste in compliance with City Code § 10.13.
      (3)   Alcoholic beverages are prohibited, unless allowed by permit.
      (4)   Cars shall be parked only in designated areas.
      (5)   Ground fires are prohibited, unless allowed by permit.
      (6)   Refuse must be placed in trash containers.
      (7)   Driving a motor vehicle on park lands, other than on designated parking areas shall be prohibited. This rule shall not apply to public safety or park and recreation motor vehicles while in the performance of their duty.
   (E)   Enforcement. The Parks and Recreations Director and any city public safety officers shall, in connection with their duties imposed by law, diligently enforce the provisions of this section.
      (1)   The Parks and Recreations Director and any city public safety officers shall have the authority to eject from the park or part thereof any person acting in violation of this section. Any person so ejected shall not enter the park or part thereof from which he or she was ejected for a period of 24 hours.
      (2)   Any city public safety officer shall have the authority to seize and confiscate any property, thing or device in the park possessed or used, in violation of this section or any state or federal statute, rule or regulation.
(Ord. passed 12-13-2022)
§§ 2.59 THROUGH 2.98 RESERVED FOR FUTURE EXPANSION.
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