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HomeMy WebLinkAbout2010-254 Amending City CharterORDINANCE NO: 2010 -254 AN ORDINANCE AMENDING THE CORCORAN CITY CHARTER The Corcoran City Council ordains as follows: Section 1. Purpose. By adopting this Ordinance the Corcoran City Council is amending the existing Charter. The amendments are not a change in substance, but are grammatical and reorganizational in nature and to make the Charter gender neutral. Section 7 is added to incorporate State law relating to the process of amending the Charter. Section 2. The amendment to the Corcoran. City Charter is as follows: Chapter 1 - Name and Boundaries Section 1.01 Name and boundaries. The City of Corcoran, Hennepin County, Minnesota shall be a Municipal Corporation under that name and with the same boundaries as now are or hereafter established. Chapter 2 - Charter Section 2.01 Interpretation and authority. This charter is drafted in recognition of M.S. 410.33. Unless modified by the specific language of this Charter, or to the extent this Charter is silent, Minnesota Statues Chapter 410 and statutory city law shall prevail. Section 2.02 Cily to succeed to rights and obligations of former city. The City shall succeed to all property, rights, and privileges, and shall be subject to all legal obligations of the City before adoption of the charter. Section 2.03 Existing ordinances continued. All ordinances and regulations of the City in force when this charter takes effect and not inconsistent with this charter are continued in full force and effect until amended or repealed. Section 2.04 Pending condemnations, improvements and assessments. Any condemnation, improvements and assessments collection proceeding in progress when this charter takes effect shall be continued, and collected as if this charter had not been adopted. Section 2.05 Ordinances to make charter effective. The City Council shall by ordinance, resolution, or other appropriate action take such steps as may be necessary to -make effective the provisions of this Charter. Chapter 3 - Initiative Section 3.01 The People of Corcoran reserve the power, in accordance of this Chapter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes or affecting salaries of City officers or employees, and to require such an ordinance when not passed by the City Council to be referred to the electorate for approval or disapproval. Section 3.02 Any five eligible voters may form themselves into a sponsoring committee for the J nitiation of any ordinance permitted under Section 3.01. Before circulating any petition the sponsoring committee shall file a certified copy of the proposed ordinance with the City Clerk together with each of the sponsoring committee members' names and addresses. The sponsoring committee shall also attach a certified copy of the proposed ordinance to each of the petition signature papers herein described, together with each of their names and addresses as sponsors thereof Section 3.03 Adoption of an ordinance under this Chapter shall be initiated by a petition complying with the requirements of this Chapter, Minnesota Statutes Section 410.12, subd. 2, and signed by registered voters of the City equal in number to 10% of the total registered voters in the City at the time of the last regular election. Once the petition is found by the City Clerk to comply with the form and signature requirements specified in Sections 3.02 and 3.03, the ordinance shall be submitted to the City Council for consideration as described in Section 3.04, Section 3.04 If the Council passes the proposed ordinance with amendments and a majority of the sponsoring committee do not disapprove the amended form by a statement filed with the City Clerk within 10 days of its passage by the Council, the ordinance need not be submitted to the electorate. If the Council fails to enact the ordinance in the form proposed by the sponsoring committee, or in an amended form not disapproved by the sponsoring committee, within 60 days after the final determination of sufficiency of the petition, the ordinance shall be placed on the ballot at the next election occurring in the City. If no election is to occur with 120 days after the filing of the petition, the Council shall call a special election on the ordinance to be held within such period. If a majority of those voting on the ordinance vote in its favor, it shall become effective 30 days after adoption, unless the ordinance specifies a later effective date. Chapter 4 - Referendum Section 4.01 Any ordinance, adoption of which by initiative would be permitted under Chapter 3, may be subjected to referendum by a petition pursuant to this Chapter 4. Section 4.02 If, prior to the date when an ordinance capable of referendum takes effect, a petition signed by registered voters of the City equal to 10% of the total number of registered voters at the last regular municipal election immediately preceding the filing of the petition, is filed with the City Clerk requesting that any such ordinance be repealed or be submitted to vote of the electorate, upon a finding by the City Clerk that the petition complies with the form and signature requirements specified in Sections 3.02 and 4.02, the ordinance shall immediately be suspended in its operation. An emergency ordinance shall not be suspended by the filing of a petition under this Chapter but shall otherwise be subject to the referendum process herein. The City Council shall thereupon reconsider the ordinance at its next regular meeting and by a majority vote either repeal or reaffirm the ordinance as enacted. In the latter case, the City Council shall immediately order a special election to be held thereon, or submit the ordinance for referendum at the next regular municipal election, pending which the ordinance shall remain suspended. If a majority of the electorate voting thereon vote against the ordinance, it shall be repealed. If a majority of the electorate voting thereon approve the ordinance, it shall become operative immediately, or on the date therein specified. Chapter 5 - Recall Section 5.01 Consideration by the electorate of the recall of any elected officer of the city may be initiated by petition signed by registered voters of the City in number equal to 10% of the total registered voters at the time of the last regular election.. The petition shall provide at the head of each signature page, or attached thereto, a recall certificate stating the name of the officer whose removal is sought, in not more than 250 words the grounds for recall, which shall be malfeasance, misfeasance or nonfeasance in office, and the intention of the sponsoring committee to bring about the officer's recall. 'If, following circulation, the petition or amended petition is found by the City Clerk to comply with the form and signature requirements of this Chapter, the City Clerk shall transmit the petition to the City Council without delay, and shall officially notify the person sought to be recalled of the sufficiency of the petition and the pending action. The City Council shall at its next meeting, by resolution, provide for the holding of a special recall election within 90 days after such meeting, except if any other election is to occur within such 90 day period after such meeting, the City Council may in its discretion provide for the holding of the recall at such other election. The City Council shall enter into the record of its proceedings, if offered, the written answer of the official concerned, in not more than 500 words, in justification of his or her conduct in office. Section 5.02 Five registered voters may form themselves into a sponsoring committee for the recall of any elected official. Before circulating any recall petition the sponsoring committee shall file a certified copy of the proposed recall petition with the City Clerk, together with the names and addresses of each member of the sponsoring committee. The recall petition filed with the City Clerk shall comply with the form requirements stated in Section 5.01. Section 5.03 The results of the recall election shall be certified at the City Council meeting between the 3rd and the 10`x' day after an election and shall be effective immediately upon such certification. Chapter 6 — Conflict of Interest Section 6.01 Incompatible offices. No member of the council or mayor may hold any paid municipal office or employment under the City other than that to which elected, and until one year after the expiration of his or her term as mayor or council person, no former member or mayor shall be appointed to any paid appointive office or hired for employment under the City, which office or position of employment was created or the emoluments of which were increased during his or her term as a council person or mayor. Chapter 7 — Charter Amendment Section 7.01 This Charter may be amended only in conformity with Minn. Stats. Chapter 410 and by following one of the alternative statutory methods of amendment described in this Chapter. Section 7.02 Amendment by Petition. The Charter Commission shall propose amendments to the charter upon the petition of registered voters equal in number to five percent of the total votes cast at the last previous state general election in the City. All petitions circulated with respect to the proposed amendment shall be uniform in character and shall have attached the full text of the proposed amendment. However, in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the amendment may be filed with the City Clerk and the petition shall then contain a summary of not less than 50, nor more than 300 words setting forth the nature and substance of the proposed amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The summary shall contain a statement of the objects and purposes of the proposed amendment, an outline of any proposed new scheme or framework of government, and shall be sufficient to inform the petition signers of the change in government sought by the proposed amendment. The Charter Commission shall within ten days after submission return the summary to the petition sponsors with such modifications as the Commission may deem necessary in order that the summary may fairly comply with the requirements herein. Section 7.03 Petitions. There shall appear on each petition the names and addresses of five registered voters, and on each petition paper the same five names and addresses, who, as the sponsoring committee, shall be regarded as responsible for the circulation and filing of the petition. The petition signatures and circulators' affidavits shall comply with the requirements of Minnesota Statutes Section 410.12, subd. 2. All petition papers shall be filed as one instrument with the City Clerk. Within ten days of filing the City Clerk shall determine and certify to the City Council whether the petition is properly attested and signed by a sufficient number of registered voters. If the City Clerk determines that the petition is insufficient, the City Clerk will set forth in the certification the particulars of such insufficiency and so notify the sponsoring committee. A petition may be amended at any time within ten days after the City Clerk's certificate of insufficiency by filing additional papers signed and filed as provided in the case of an original petition. The City Clerk shall within five days certify the sufficiency or insufficiency of such amendment. If the City Cleric determines that the amended petition remains insufficient, the City Clerk shall so certify, notify the sponsoring committee of such findings, and no further action shall be taken on the insufficient petition. A finding of insufficiency shall not prejudice the filing of a new petition for the same purpose. Section 7.04 Election. Amendments shall be submitted to the electorate at a general or special election. If a simple majority of the votes cast on the amendment are in favor of its adoption, the amendment shall take effect in 30 days from the date of the election or at such other time as fixed in the amendment. Section 7.05 Amendment by Ordinance. Charter amendments may be proposed or enacted by ordinance in accordance with subsections 7.05(a) or 7.05(b). Section 7.05(a) The City Council may propose Charter amendments to the electorate by ordinance. Any ordinance proposing an amendment shall be submitted to the Charter Commission for review. The Charter Commission shall review the proposed amendment within 60 days, subject to statutory extension, and shall promptly notify the City Council of the Charter Commission's approval, rejection, or recommended substitute amendment. Upon receipt of the Charter Commission's response, the City Council may submit to the electorate for approval, in accordance with Section 7.04, either the City Council's original proposed amendment or the Charter Commission's recommended substitute amendment. Section 7.05(b) The City Council may enact a Charter amendment upon a recommendation of the Charter Commission. Within one month of receiving a Charter Commission recommendation, the City Council shall cause to be published a notice of public hearing on the proposal containing the text of the proposed amendment. The City Council must hold the public hearing on the proposed charter amendment at least two (2) weeks, but not more than one (1) month after the notice is published. The City Council must vote on the proposed amendment within one month following the public hearing. The amendment is enacted by ordinance if it receives the affirmative vote of all members of the City Council. An ordinance enacted under this Section 7.05(b) shall not become effective sooner than 90 days after enactment and subsequent publication. Within 60 days after enactment and publication, a petition requesting a referendum on the ordinance may be filed with the City Clerk. The petition shall be signed by a number of registered voters equal to two percent of the total votes cast in the last state general election as certified in the official canvassed results and, except as to the number of signatures required by this Section 7.05(b), the petition shall conform with the requirements of Sections 7.02 and 7.03. If a sufficient petition is filed within the required time period, the amendment will not become effective until submitted to and approved by the electorate in accordance with Section 7.04. Section 7.06 Amendment by Charter Commission Action. A new or revised charter may be adopted in the manner provided by Minn. Stats. § §410.07, 410.10, and 410.11 for the original adoption of a home rule charter. Section 3. This Ordinance will be effective 90 days after its passages and publication Passed by the Council of the City of Corcoran, Hennepin County, Minnesota, this 26th day of August, 2010. Mayor ATTEST; Clerk SUMMARY ORDINANCE RELATING TO AMENDMENT OF THE CORCORAN CITY CHARTER The Corcoran City Council ordains as follows: Section 1. Purpose. This Ordinance is for the purpose of summarizing the Charter amendments recently adopted by the Corcoran City Council. The amendments are not a change in substance, but are grammatical and reorganizational in nature and intended to make the Charter gender neutral. Section 2. The amendments to the Corcoran City Charter generally do the following: Section. 2.01. Reorganize the Charter and make it grammatically correct and make the Charter gender neutral. Section 2.02. Chapter 7 of the amended Charter is a restatement of state law and is designed to make use of the Charter. Section 3. This Ordinance will be effective 90 days after its passages and publication. Passed by the Council of the City of Corcoran, Hennepin County, Minnesota this 26`x' day of August, 2010. Mayor -- ,�' /