2001-03-06 P & Z Agenda - Laserfiche WebLink

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2. Beware when adopting statutes and rules by reference. Under the law permitting the adoption of laws and rules by reference, M. S. ~ 461.62, there is some controversy over whether, if, when a rule or law is adopted in an ordinance or code, future amendments to the law or rule are or can also be included. The Attorney General is of the opinion that future amendments to laws and rules can not be adopted by reference because at the point of time when an ordinance is enacted or a code is adopted, the governing body has no knowledge what future amendments to state laws and rules will be. See A. G. Ops. 59-A-9 (July 18, 1967 and March 27, 1956). In drafting ordinances, always include the language "as they may be amended from time to time" after a citation to a statute or rule to at least attempt to include future amendments in the adoption of a law or rule by reference. However, even including this language may not be effective to adopt future amendments to laws and rules. One possible solution would be to every year after the legislative session to adopt an ordinance stating: "Any amendments to a rule or statute adopted by reference in any ordinance previously adopted by the city, are hereby adopted by reference as if the amended statute or rule had been in existence at the time the ordinance was adopted." 3. Adopting fee schedules. Rather than frequently amending an ordinance establishing fees, some cities, instead of establishing a fee in an ordinance, authorize the adoption of a fee schedule which may be amended from time to time. Can this fee schedule be adopted by resolution? If the statutes require an ordinance to regulate the activity, then an ordinance is required to establish a fee for the license, permit or service. See the language in M. S. ~ 412.221. Ordinances are required to regulate an activity if the city intends to enforce the regulations, either through court action or prosecution. A common situation is adopting utility fees by resolution. But, if the city wants to collect them, make unpaid bills a lien on the property, or shut off the utility for non-payment, fees should be adopted by ordinance. 4. Conflicts with other ordinances. Sometimes a recent ordinance conflicts with the provisions of a prior ordinance. The solution may be to include language stating "to the extent the provisions of this ordinance conflict with the provisions of any ordinance previously adopted by the city, the provisions of this ordinance supersede those provisions of the prior ordinance." Another solution is to codify all city ordinances, so their provisions are compared and conflicts resolved. 5. Incorporate findings and justification for ordinance into body of ordinance or into the record. May not be important so long as [mdings and justification for ordinances are made, especially if the regulations may be Constitutionally controversial (adult uses for example). 6. Requiring Indemnification and Insurance. An example of League suggested language is the following: "The licensee or franchisee shall hold the city harmless and agrees to defend and indemnify the city, and the city's employees and agents, for any claims, damages, losses, and expenses related to the work under the license or franchise. The city shall be named as an additional insured under that insurance for the services provided under the license or franchise. The licensee's or franchisee's insurance shall be the primary insurance for the city. The licensee or franchisee shall provide a certificate of insurance on the city's approved form which verifies the existence of the insurance required, including provisions to hold the city harmless and defend and indemnify the city. The insurance shall provide coverage up to 6